L 


THE 


§tatute£  at  £ar&e; 

BEina 

A  COLLECT!^ 


OF    .U 


LAWS  OF  VRGIIVTA 


FROM    THE 


FIRST  SESSION  OF  TH£  LEGISLATURE, 

IN  THE  YEAR  !ol9 


PUBLISHED  PURSUANT  TO  AN  ACT  OF  THE  GENERAL  ASSEMBLY  OF  VIRGINIA, 
PASSED  ON  THK  FIFTH  DAY  OF    FEBRUARY    ONE    THOU- 
SAND EIGHT  HUNDRED  AND  EIGHT. 


VOLUME  I. 


By  WILLIAM  WALLER  HENING. 


■The  Laws  of  a  country  ire  nrrp^nrily  connected  with  every  thing  belonging  to  the  people  of  it, 
jo  that  a  thorough  knowledge  of  Mem,  and  of  their  progress,  would  inform  us  of  everything  that 
Was  most  useful  t<>  lie  known  about  thorn  ;  and  one  of  the  greatest  imperfections  of  historians  in 
"eneral,  w  owing  to  their  ignorance  of  law."  Pritstle^s  Ltd.  on  Hist.  Vol.  I.  pa.  149. 


NEW-YORK: 

PRINTED  FOR  THE  EDITOR,  BY  R.  fc  W.  fc  O.  BARTOW. 

i  — 

1823. 


WE,  P.  V.  Daniel,  William  F.  Pendleton,  William  Robertson,  and  Wit- 
Ham  Selden,  members  of  the  executive  council  of  Virginia,  do  hereby  certi- 
fy that  the  tow  contained  in  the  first  volume  of  Making's  Statutes  at  Large 
have  been,  by  us,  examined  and  compared  with  a  copy  as  corrected  by  the 
certificate  of  the  examiners  heretofore  appointed,  from  which  they  were  ta- 
ken, by  William  F.  Pendleton  and  William  Selden,  from  page  1,  to  page  368 
inclusive,  by  William  V.  Pendleton  and  William  Robertson,  from  page 
369  to  page  428,  inclusive,  and  by  William  F.  Pendleton  and  Peter  V.  Dan- 
iel, from  page  429,  inclusive  to  the  end,  except  from  page  465  to  page  472,  in- 
clusive, which  were  examined  by  Peter  V.  Daniel  and  William  Selden,  and 
we  have  found  the  pages  respectively  examined  by  us,  truly  and  accurately 
printed  except  as  to  the  following  list  of  errata,  to  the  number  of  twelve. 

Given  under  our  hands,  this  14th  day  of  July,  1823. 

P.  V.  DANIEL. 
W.  F.  PENDLETON. 
W.  ROBERTSON. 
W.  SKLDEN. 


ERRATA. 


17,  line  11  from  top,  strike  out  "L"  after  "3" 
218,  line  4  from  bottom,  insert  "out"after  "parts" 
2jS,  line  12  from  bottom,  insert  "be"  after  "to" 
259,  line  10  from  bottom,  strike  out  "continue" 
278,  line  2  from  bottom,  for  "ordered"  read  "enacted" 
292,  line  2  from  top,  strike  out  "three"  after  "the" 
304,  line  14  from  top,  insert  "as"  after  "binding" 
342,  line  10  from  top,  for  "on"  read  "no" 
360,  line  16  from  top,  for  "but"  read  "by" 
518,  line  17  from  bottom,  for  •'though"  read  "throv; 
539,  line  9  from  bottom    insert  "in    before  tobacco" 
line  18  from  top,  for  "so"  read  "to" 


SANTA  CAS 


PBEFACE 

TO  THE  FIRST  EDITION. 


WHETHER  1  shall  render  an  acceptable  service  to  my  native1 
state  in  furnishing  the  only  authentic  materials  for  its  early  history. 

i which  have  hitherto  been  published,  and  which  display  alike  the 
virtue  and  vices,  the  wisdom  and  folly  of  our  ancestors,  I  am  at  a 
loss  to  conjecture.  Nations  as  well  as  individuals  have  their  pride 
of  ancestry;  and  poets  and  historians  in  all  ages  have  delighted  to 
gratify  that  harmless  propensity.  Homer  has  interwoven  a  few  his- 
torical facts,  with  a  strange  mixture  of  Grecian  mythology.  His 
heroes  were  all  allied  to  the  Gods,  and  the  celestial  beings,  in  evei-' 
conflict,  had  their  feelings  enlisted  on  the  side  of  their  respective 
descendants.  He  is  the  only  historian  of  the  Trojan  war;  and 
amidst  the  innumerable  beauties  of  this  immortal  bard,  we  almost 
lose  sight  of  the  fictions  with  which  his  poem  abounds.  Virgil,  in 
imitation  of  his  great  prototype,  equally  administered  to  the  vanity 
of  the  Romans.  It  was  not  enough  that  they  were  the  successors 
of  Janus,  of  Saturn,  of  Jupiter,  and  a  whole  race  of  Latin  kings, 
who  were  afterwards  deified,  and  that  their  city  was  founded  by 
Romulus,  the  son  of  the  God  Mars,  but  their  passion  for  illustrious 
ancestors  gave  a  ready  admission  to  JEneas  the  Trojan,  son  of  An- 
chises  by  the  Goddess  Venus,  and  ranked  him  as  the  sixth  king  of 
the  Latins.  Livy,  one  of  the  best  of  the  Roman  historians,  intro- 
duces his  work  with  those  fabulous  accounts,  which  the  prejudices  of 
education  had  induced  the  best  informed  of  his  countrymen  to 
adopt. 

Modern  English  historians  have,  with  propriety^  rejected  the 
legendary  tales  with  which  the  writings  of  their  predecessors  are 
filled ;  but  the  early  histories  of  all  the  kingdoms  of  Europe,  es- 
tablished after  the  dark  ages,  which  succeeded  the  decline  and  fall 
of  the  Roman  empire,  contain  little  more  than  the  traditions  of  their 
bards.  Indeed,  until  we  come  to  the  laws  of  a  nation,  it  is  impos- 
sible to  form  a  correct  idea  of  its  civil  polity,  or  of  the  state  of  so- 
ciety : 

"As  every  new  law,''  says  a  celebrated  writer,  "is  made  to  re- 
move some  inconvenience  the  state  was  subject  to  before  the  mak- 


iv  PREFACE. 

ing  of  it,  and  for  which  no  other  method  of  redress  was  effectual; 
the  law  itself  is  a  standing,  and  the  most  authentic  evidence  we  can 
require  of  the  state  of  things  previous  to  it.''« 

The  colony  of  Virginia  having  been  planted  long  after  the  revi- 
val of  letters  in  Europe, 6  as  well  as  the  general  introduction  of  the 
use  of  the  press,  it  might  have  been  expected  that  every  thing  re- 
lating to  our  early  history  would  have  been  carefully  preserved. 
But  it  is  a  melancholy  truth,  that  though  we  have  existed  as  a  na- 
tion but  little  more  than  two  hundred  years,  our  public  offices  arc 
destitute  of  official  documents.  It  is  to  the  pious  care  of  individu- 
als c  only,  that  posterity  will  be  indebted  for  those  lasting  monu- 
ments which  perpetuate  the  oppressions  of  the  kings  of  England, 
and  the  patient  sufferings  of  the  colonists.  When  we  compare  the 
extensive  grant  of  territory  contained  in  (he  charters  ol  King  James 
I.  to  the  Lnndon  Company,  d  with  the  narrow  limits  to  which  the 
colony  of  Virginia  was  afterwards  reduced;  when  we  review  the 
arbitrary  conduc  of  that  monarch  in  suspending  the  powers  of  the 
company,  by  proclamation,  and  the  equally  unjust  proceedings  of 
his  son,  Charles  I.  in  taking  the  government  into  his  own  hands  ;e 
and  when  we  contemplate  the  gradual  but  progressive  encroach- 
ments of  his  successors,  on  the  rights  of  the  people,  till  resistance 
became  indispensable,  we  shall  cease  to  wonder  that  so  (ew  evi- 
dences of  their  turpitude  hive  been  suffered  to  remain.  What  was 
left  undone  by  the  predecessors  of  George  III,  was  consummated 
during  his  reign.  All  the  papers,  except  a  few  fragments  deposited 
in  the  archives  of  the  Council  of  State,  and  other  public  offices, 
within  the  reach  of  his  myrmidons,  were,  with  more  than  the  savage 
barbariiy  of  the  Goths  and  Vandals,  committed  to  the  flames. 

In  the  infancy  of  our  legislation,  the  laws  were  few  and  simple. 
They  related  chiefly  to  the  church  government ;  to  the  culture  of 
tobacco  and  other  staple  commodities;  to  defensive  operations 
against  the  Indians,  and  such  other  subjects  as  would  naturally  en- 

a  Priestley's  lectures  on  history,  vol.  1,  pa.  149. 

b  The  first  charter  of  king;  James  I.  lor  two  several  colonies  and  plantations  in  Vir- 
ginia bears  date  the  10th  of  April,  1606  (see  pa.  57  ;)  and  the  first  permanent  settle- 
ment was  made  on  the  26th  of  \pril,  1607,  (see  pa.  132  )  All  the  public  papers,  in  the 
early  periods  of  the  colony,  are  dated  in  such  a  "  year  of  the  plantation,"  answering 
to  the  above  date  for  its  foundation. 

rTliomas  Jefferson, late  President  of  the  United  States,  has  contributed  more  than 
any  other  individual  to  the  preset  \  ation  of  our  ancient  laws.  He  very  early  employed 
himself  in  collecting  them  for  the  public  use ;  and  to  bis  assistance  the  editor  is  chiefly 
in-.,  bted  for  tin-  materials  which  compo*ethe  present  work  — Several  other  gentlemen 
have  very  obligingly  aided  the  exertions  of  the  editor;  an  acknou  ledgment  of  which 
is  made  at  the  commencement  of  the  acts  of  each  session. 

d  Four  hundred  miles  on  the  sea  coast,  and  all  that  space  westwardly  to  the  Pacific 
orean  (see  pa.  88  ;)  and  all  the  islands  lying  within  three  hundred  leagues  of  the  coast 
of  Virginia  (><  e  pa.  100.) 

e  See  Jefferson's  Notes  on  Virginia,  Query  XIII,  pa.  118,  123  of  1st  edit.  pa.  212, 
213  of  last  edit. 


PREFACE.  v 

gross  the  attention  of  the  legislature,  in  a  newly  settled  country. — 
The  acts  of  each  session  (which  existed  only  in  manuscript)  were 
promulgated,  by  being  read  10  the  people  at  the  beginning  of  every 
monthly  court,  and  by  havingcopies  deposited  in  the  clerk's  office  for 
the  inspection  of  all  those  who  wished  to  consult  them./  Besides, 
as  every  plantation  or  settlement  was  entitled  to  as  many  represen- 
tatives as  the  inhabitants  thought  proper  to  elect,g"  the  members,  on 
their  return  home,  could  easily  communicate  to  their  neighbors 
the  substance  of  the  laws  which  had  passed. 

It  was  not  until  the  year  1733,  that  an  edition  of  our  laws  was 
printed  in  Virginia.  Purvis's  Collection,  as  it  is  generally  called, 
was  published  in  London,  without  date,  and  only  with  the  initials 
of  the  printer's  name,  (T.  J.  for  J.  P,)  but  supposed  to  be  between 
the  years  1684  and  1687,  it  being  dedicated  to  Lord  Howard,  go- 
vernor of  Virginia,  who  held  that  office  during  the  above  period  : 
in  1722.A  an  Abridgement  of  the  laws  of  Virginia  (ascribed  to  Be- 
verley) was  also  published  in  London  ;  and  in  1728,/t  a  second  edi- 
tion of  the  same  work.  The  volumes  of  Purvis  appear  to  have 
been  bound  up  with  blank  leaves  at  the  end,  for  the  reception  of 
subsequent  MS.  laws,  and  to  have  been  distributed  to  the  respec- 
tive counties  at  different  times  ;  as  some  copies  have  more,  and 
some  less  of  those  MS.  acts  transcribed  into  them.  For  many 
years  after  the  publication  of  this  book,  it  is  referred  to,  by  the 
printed  laws  :'*  but  it  is  so  grossly  inaccurate,  that  but  little  use 
will  be  made  of  it  in  the  present  edition.  On  comparing  it  with 
two  MS.  embracing  the  same  period,  and  which  are  of  undoubted 
authority  and  accuracy,  it  has  been  discovered  that  not  only  entire 
sentences,  but  whole  acts  are  omitted  ;  besides  innumerable  typo- 
graphical errors,  which  totally  vary  the  sense.  So  much  of  the  acts 
from  which  Purvises  collection  was  printed  as  contained  the  revisa! 
of  1661-2,  were  transmitted  to  Sir  William  Berkeley,  then  in  En- 
gland, for  the  king's  confirmation,  after  which  he  was  requested  to 
deliver  them  to  the  assignee  of  Henry  Randolph,  clerk  of  the  as- 
sembly, who  had  the  exclusive  right  of  printing  and  vending  the 
copies  for  ten  years.*  The  acts  from  1661-2  to  1682,  inclusive, 
where  Purvis  ends,  were  probably  transmitted  to  London  and  in- 
corporated in  the  volume,  without  any  special  sanction  of  the  le 
gislature. 

During  the  early  periods  of  legislation  in  Virginia,  it  was  the  usu- 

/Sec  act  LVIU.  of  1631-2,  pa.  177,  and  act  LXI.  of  1632,  pa.  202. 

g  See  pages  138,  147, 153,  177,  where  it  will  be  observed  that  the  representation 
was  by  plantations. 

h  A  copy  of  each  is  in  possession  of  the  editor  ;  the  former  the  property  of  !>• 
noeus  Boiling,  Esq.  and  the  latter  of  William  Wirt,  Esq. 

'  This  is  a  mistake.     Sec  preface  to  2d  Vol. 

i  See  Vol.  2,  act  142  of  March,  1661-2 


vi  PREFACE. 

al  practice  whenever  a  law  required  amendment,  to  re-enact  it, 
with  the  amendments  introduced  into  the  body  of  it.  It  was  cus- 
tomary too,  at  each  session,  to  repeal  all  former  laws,&  and  either 
re-enact  them  in  the  very  same  words  of  the  act  repealed,  or  with 
such  amendments  as  experience  might  suggest.  While  they  exist- 
ed only  in  manuscript,  and  were  promulgated  by  being  publickly 
read,  this  mode  was  attended  with  peculiar  advantages  :  for  the 
people,  at  once,  heard  the  ivhole  law  on  a  subject,  without  being 
compelled  to  ask  the  advice  of  counsel,  or  to  resort  to  the  clerk's 
office  for  a  reference  to  the  only  copy  extant  in  their  county. 

The  first  revisal  of  our  laws  was  in  September,  1632,  though 
none  was  expressly  so  called,  until  March,  1642-3.  In  March, 
1657-8,  during  the  existence  of  the  commonwealth  of  England,  an- 
other revisal  was  made,  adapting  the  laws  of  the  colony  to  the  state 
of  the  church,  and  the  republican  institutions  of  that  period.?  In 
March,  1661-2,  after  the  restoration,  the  laws  were  again  revised. 
One  of  the  avowed  objects  of  this  revisal,  as  expressed  in  the  pre- 
amble to  the  acts,  was  to  repeal  and  expunge  all  laws  "  which  might 
"  keep  in  memory  their  forced  deviation  from  his  majesties  obedi- 
"  ence."  The  next  revisal  was  in  1705.  All  the  foregoing,  ex- 
cept Purvises  collection,  exist  to  this  da}'  in  manuscript.  The 
printed  revisals  since  that  of  Purvis,  are  the  editions  of  1733, 
1752,  1769,  1785,  1794,  1803  and  1808.  Beverley's  and  Mercer's 
abridgments  cannot  properly  be  deemed  revisals. 

In  the  mode  adopted  for  the  revision  of  the  laws,  their  history 
and  progress  have  been  completely  lost.  When  various  and  prior 
acts  on  the  same  subject,  have  been  consolidated  into  single  bills, 
they  were  enacted  into  laws,  as  of  the  date  when  the  legislature 
last  acted  upon  them.  The  sessions  acts,  from  which  they  were 
taken,  were  thrown  aside  as  waste  paper,  and  in  the  course  of  a 
few  years,  the  original  law  was  wholly  forgotten.  A  remarkable 
instance  of  this  occurred  in  the  act "  For  a  free  trade  with  Indians.'' 
It  originally  passed  in  1691  ;  but  was  incorporated  in  the  manu- 
script revisal  of  1705,  without  an}7  notice  of  the  act  from  which  it 
had  been  taken.  In  1733  it  was  printed  from  the  act  of  1705,  and 
as  of  that  date.  This  being  the  first  appearance  of  the  law  in  print. 
our  supreme  court  decided,  that   that  act,  as  passed  in  1705,  was 


k  See  act  LXVI.  of  February,  1631-2  (pa.  177)  and  act  I.  of  Sept.  1632  (pa.  179- 
fc't)  by  which  all  former  laws  are  repealed  ;  and  many  of  the  acts  of  these  seilions 
will  be  found  to  be  mere  repetitions  of  former  ones. 

/  Compare  act  I.  of  March,  1657-8  (pa.  433)  with  act  t.  of  March,  1642-3  (pa.  240) 
and  it  v.  HI  a'  once  be  discovered  thai  the  laws  for  settling  the  church  government,  dur- 
ing the  commonwealth,  instead  of  enjoining  obedience  to  the  doctrines  and  disci- 
plined the  Church  of  England,  left  the  people  to  the  exercise  of  their  own  judg- 
ment- 


PREFACE.  vii 

iiie  first  law  which  restricted  the  right  of  making  slaves  of  Indians.//.-. 
The  act  of  1691,  having  been  afterwards  discovered  in  an  edition 
of  Purvis,n  into  which  it  had  been  transcribed,  the  district  court 
of  Accomack  held  that  it  was  the  law  of  the  land,  and  equally  re- 
stricted the  right  of  making  slaves  of  Indians,  with  the  act  of  1705. o 
Since  then  two  other  manuscripts,  containing  the  same  law,  as  pass- 
ed in  1691,  have  been  discovered  ;p  and  the  supreme  court  of  ap- 
peals have  unanimously  established  their  authority  and  decided  that 
u  No  native  American  Indian,  brought  into  Virginia  since  the  year 
1691,  could,  under  any  circumstances,  lawfully  be  made  a  slave. "^ 
Thus  it  has  happened,  that  under  the  influence  of  theirs?  opinion 
of  our  supreme  courts,  arising  from  the  want  of  access  to  the  laws, 
thousands  of  the  descendants  of  Indians  have  been  unjustly  depriv- 
ed of  their  liberty. 

With  men  of  liberal  and  enlarged  minds,  it  had  long  been  a  sub- 
ject of  serious  regret  that  no  legislative  means  were  adopted  for 
the  preservation  of  our  ancient  laws,  so  very  essential  to  a  correct 
view  of  our  history,  and  on  which  so  much  property  depended. 
The  evil  began  to  be  so  sensibly  felt,  as  it  respected  questions  of 
property,  that  the  legislature,  at  the  session  of  1795,  passed  an  act 
directing  that  all  the  laws  and  clauses  of  laws,  whether  public  or 
private,  relating  to  lands,  tenements,  or  hereditaments,  within  this 
commonwealth,  at  any  time  passed  since  the  first  settlement  of  Vir- 
ginia, should  be  collected,  and  an  edition  of  one  thousand  copies 
published.  A  committee,  consisting  of  Geokge  Wythe,  John 
Brown,  John  Marshall,  Bushrod  Washington  and  John 
Wickham,  was  appointed,  who,  or  any  three  of  whom,  were  re- 
quested to  carry  the  intention  of  the  legislature  into  effect.r  In 
pursuance  of  this  act,  the  chairman  of  the  committee  (Judge  Wythe) 
addressed  a  letter  to  Mr.  Jefferson,  requesting  the  use  of  his  col- 
lection of  laws,  which  was  known  to  be  more  complete  than  any 
other  extant.  Mr.  Jefferson  sent  his  collection  of  the  printed  acts, 
but  immediately  afterwards,  in  a  letter  to  Mr.  Wythe,  gave  such 
cogent  reasons  for  extending  the  publication  so  as  to  embrace  all 


r/i  See  the  rase  of  Hannah  &:  others  vs.  Davis,  in  the  general  court,  mentioned  in 
a  note  to  Tucker's  Blackstone,  vol.  I,  part  2,  pa.  47.  See  also  the  case  of  Coleman 
vs.  Dick  k  Patt.  I.  Wash.  233. 

R  An  exact  copy  is  in  the  possession  of  Thomas  Evans,  esquire,  of  Accomack,  now 
oue  of  the  judges  of  the  general  court,  by  whom  the  editor  was  favored  with  the  pe- 
i'i-ul  of  it. 

ee  judge  Tucker's  opinion  in  Hudgins  vs.  Wrights,  I.  Hen.  &.  Mumf.  136. 
)>  One  belonging  to  Thomas  Jefferson,  late  president  of  the  United  States ;  the  other 
pn  ii  nted  to  the  editor  by  the  court  of  Northumberland  county,  and  both  now  in  hrs 
possession'. 

'/  See  2,  Hen   and  Mumf.  14i>,  Pallas  and  others  vs.  Hill  ami  other' 
d  Code.  vol.  1   pa.  343 


via 


PREFACE. 


our  laws,  that  the  committee  declined  entering  upon  the  object  of 
their  appointment,  till  the  sense  of  the  legislature  could  be  taken  on 
this  more  enlarged  plan.  In  the  mean  time  the  operation  of  the 
act  for  collecting  and  publishing  all  the  laws  concerning  lands  was 
suspended;s  the  following  letter  from  Mr.  Jefferson  to  Mr.  Wythe, 
was  submitted  to  the  legislature,  by  governor  Monroe,  at  the  ses- 
sion of  1800,  and  a  bill  passed  the  house  of  Delegates  for  publish- 
ing a  certain  number  of  copies  of  all  the  laws ;  but  an  amendment 
ha°ving  been  introduced  in  the  Senate,  the  bill,  on  its  return  to  the 

House  of  Delegates,  was  lost. 

"  Montieello,  January  16th,  1795. 

"  In  my  letter  which  accompanied  the  box  containing   my  collec- 
tion of  printed   laws,  I  promised  to  send  you  by  post  a  statement 
of  the  contents  of  that   box.     On   taking  up  the  subject  1  found  it 
better  to  take  a  more    general    review    of  the  whole  of  the  laws  I 
possess,  as  well  manuscript  as   printed,  as  also  of  those  which  I  do 
not  possess,  and  suppose  to  be  no  longer  extant.  This  general  view 
you  will  have  in  the  inclosed  paper,  whereof  the   articles  stated  to 
be  printed,  constitute   the   contents  of  the  box  I  sent  you.     Those 
in  MS.  were  not  sent,  because   not  supposed  to  have  been  within 
your  view,  and  because  some  of  them  will  not  bear  removal,  being 
so  rotten,   that,  on  turning  over  a  leaf,  it  sometimes  falls  into  pow- 
der.    These  1  preserve  by   wrapping  and   sewing  them  up  in  oiled 
cloth,  so  that  neither  air   nor  moisture   can  have  access  to  them.— - 
Very  early  in  the  curse  of  my  researches  into  the  laws  of  Virgi- 
nia, I  observed  that   many  of  them   were   already  lost,  and  man) 
more  on  the  point  of  being  lost,  as  existing  only  in  single  copies  in 
the  hands  of  careful   or  curious  individuals,  on  whose  deaths  they 
would  probably  be  used   for  waste  paper.     I  set  myself,  therefore, 
to  work  to  collect  all  which  were  then  existing,  in  order  that  when 
the  day  should  come  in  which  the   public  should  advert  to  the  mag- 
nitude of  their  loss  in    these  precious  monuments  of  our   property 
and  our  history,  a  part  of  the  regret  might  be  spared  by  informa- 
tion that  a  portion  has  been  saved  from  the  wreck,   which   is  wor- 
thy of  their  attention  and   preservation.     In  searching  after  these 
remains,  I  spared    neither  time,  trouble  nor  expense ;  and  am  of 
opinion  that  scarcely   any  law  escaped  me,  which  was  in  being  as 
late  as  the  year  1770,  in  the  middle  or  southern  parts  of  the  state. 
In  the  northern  parts  perhaps  something  might  still  be  found.     In 
the  clerks'  offices  in  the  ancient  counties  some  of  those  MS.  copies 
of  the  laws  may  possibly  still    exit  which  used  to   be  furnished  at 
the  public  expense  to  every  county  before  the  use  of  the  press  was 
introduced ;  and  in  the  same  places,  and  in  the  hands  of  ancient  ma- 


l  See  Revised  Code,  vol.  2,  App.  No.  IX.  p<t.  129. 


PREFACE.  ii 

gistrates,  or  of  their  families,  some  of  the  fugitive  sheets  of  the  laws 
of  separate  sessions  which  have  been  usually  distributed  since  the 
practice  commenced  of  printing  them.     But  recurring  to  what  we 
actually  possess,  the  question  is.  what  means  will  be  the  most  effect- 
ual for  preserving  these  remains  from  future  loss?     All  the  care  I 
can  take  of  them  will  not  preserve  them  from  the  worm,  from  the 
natural  decay  of  the  paper,  from  accidents  of  fire,  or  those  of  re- 
moval, when  it  is  necessary  for  any  public  purpose,  as  in  the  case 
of  those  now  sent  you.     Our  experience  has  proved  to  us  that  a 
single  copy,  or  a  few,  deposited  in  MS.  in  the  public  offices,  can- 
not be  relied  on  for  any  length  of  time.     The  ravages  of  fire  and 
of  ferocious  enemies  have  had  but  too  much  part  in  producing  the 
very  loss  we  now  deplore.     How  many  of  the  precious  works  of 
antiquity  were  lost,  while  they  existed  only  in  manuscript?     Has 
there  ever  been  one  lost  since  the  art  of  printing  has  rendered  it 
practicable  to  multiply  and  disperse  copies  ?     This  leads  us  then 
to  the  only  means  of  preserving  our  laws  now  under  consideration, 
that  is,  a  multiplication  of  printed  copies.     I  think  therefore  that 
there  should  be  printed  at  the  public  expense,  an  edition   of  all  the 
laws  ever  passed  by  our  legislatures  that  can  now  be  found  ;  that  a 
copy  should  be  deposited  in  every  public  library  in  America,  in  the 
principal  public  offices  within  the  state,  and  some  perhaps  in  the 
most  distinguished  public  libraries  in  Europe,  that  the  rest  should 
be  sold  to  individuals  towards  reimbursing  the  expenses  of  the  edi- 
tion.    Nor  do  1  think  that  this  would  be  a  voluminous  work. — 
The  MSS.  would  probably  furnish  matter  for  one  printed  volume 
in  folio,  and  would  comprehend  all  the  laws  from   1624,  to   1701, 
which   period    includes  Purvis.     My  collection  of  fugitive  sheets 
forms,  as  we  know,  two  volumes,  and  comprehends  all  the  extant 
laws  from  1734,  to  1783,  and  the  laws  which  can  be  gleaned  up. 
from  the  revisals,  to  supply  the  chasm  between  1710,  and  1734, 
with  those   from    1783,  to  the  close  of  the    present   century  (by 
which  term  the   work  might  be  compleated)   would  not  be  more 
than  the  matter  of  another  volume.     So  that  four  volumes  in  fo- 
lio probably  would  give  every  law  ever  passed  which  is  now  ex- 
tant :  whereas  those  who  wish  to  possess  as  many  of  them  as  can 
be  procured,  must  now  buy  the  six  folio  volumes  of  revisals,  to  wit, 
Purvis,  and  those  of  1732,**  1748,t    1768,+  1783§  and   1794,  and 
with  all  of  them  possess  not  one  half  of  what  they   wish.     What 
would  be  the  expense  of  the  edition,  I  cannot  say,  nor  how  much 
would  be  reimbursed  by  the  sales ;  but  I  am  sure  it  would  be  mo- 
derate compared  with  the  rates  which  the  public  have  hitherto  paid 
for  printing  their  laws,  provided  a  sufficient  latitude  be  given  as  to 
printers  and  places.     The  first  step  would  be  to  make  out  a  single 
in  1733.         I  Printed  in  1762.       {  Printed  in  l*«<»  f>  PrintH  in  ITS') 

B 


x  PREFACE. 

copy  from  the  MSS,  which  would  employ  a  clerk  about  a  year,  of 
something  more  ;  to  which  expense  about  a  fourth  should  be  added 
for  the  collation  of  the  MSS.  which  would  employ  three  persons  al 
a  time  about  half  a  day  or  a  day  in  every  week.  As  I  have  al- 
ready spent  more,  time  in  making  myself  acquainted  with  the  con- 
tents and  arrangements  of  these  MSS.  than  any  other  person  pro- 
bably ever  will,  and  their  condition  does  not  admit  their  removal 
to  a  distance,  I  will  chearfully  undertake  the  direction  and  super- 
intendance  of  this  work,  if  it  can  be  done  in  the  neighbouring  towns 
of  Charlottesville  or  Milton,  farther  than  which  I  would  not  under- 
take to  go  from  home.  For  the  residue  of  the  work  my  printed 
volumes  might  be  delivered  to  the  printer.  I  have  troubled  you 
with  these  details,  because  you  are  in  the  place  where  they  may  be 
used  for  the  public  service,  if  they  admit  of  such  use,  and  because 
the  order  of  assembly,  which  you  mention,  shews  they  are  sensible 
of  the  necessity  of  preserving  such  of  those  laws  as  relate  to  our 
landed  property,  and  a  little  further  consideration  will  perhaps  con- 
vince them  that  it  is  better  to  do  the  whole  work  once  for  all,  than 
to  be  recurring  to  it  by  peace-meal,  as  particular  parts  of  it  shall 
be  required,  and  that  too,  perhaps,  when  the  materials  shall  be  lost." 

The  editor  having  been,  for  more  than  twenty  years  engaged  in 
collecting  the  fugitive  sessions  acts,  and  believing  that  iiis  own  col- 
lection added  to  that  of  Mr.  Jefferson's  (with  which  he  was  well  as- 
sured he  would  be  furnished)  formed  the  only  one  in  existence  which 
was  worthy  of  publication,  determined  to  set  about  the  work,  lest 
by  some  accident  the  lapse  of  a  few  years  might  deprive  posterity 
of  the  remaining  documents  then  within  his  reach. 

On  communicating  his  intention  to  Mr.  Jefferson,  he  was  favored 
with  the  following  letter,  which  at  once  shews  the  degree  of  import- 
ance which  that  great  man  attaches  to  the  undertaking,  and  the 
opinion  which  he  was  pleased  to  express  of  the  editor's  competen- 
cy for  the  execution  of  it. 

Extract  of  a  Utter  from  Thomas  Jefferson,  President  of  the  United 

States,  to  Wm.  W.  Hening. 

Washington,  Jan.  14,  '07. 

" The  only  object  I  had  in  making  my  collection  of  the 

laws  of  Virginia,  was  to  save  all  those  for  the  public  which  were 
not  then  already  lost,  in  the  hope  that  at  some  future  day  they 
might  be  republished.  Whether  this  be  by  private  or  public  eu- 
terprize,  my  end  will  be  equally  answered  :  The  work  divides  it- 
si  If  into  two  very  distinct  parts,  to  wit,  the  printed  and  the  unprint- 
e  !  laws.  The  former  begin  in  1602  (Purvis's  collection.) — My 
Collection  of  these  i<  in  strong  volumes,  well  bound,  and  therefore 


PREFACE.  si 

may  safely  be  transported  any  where.  Any  of  these  volumes  which 
vou  do  not  possess,  are  at  your  service  lor  the  purpose  of  republi- 
cation. But  the  imprinted  laws  are  dispersed  through  many  MS. 
volumes,  several  of  them  so  decayed  that  the  leaf  can  never  be 
opened  hut  once  without  falling  into  powder.  These  can  never  bear 
removal  farther  than  from  their  shelf  to  a  table.  They  are  as  well 
as  I  recollect  from  1622  downwards.  I  formerly  made  such  a  di- 
gest of  their  order,  and  the  volumes  where  they  are  to  be  found,  that 
under  my  own  su  peri  n  ten  dance  they  could  be  copied  with  once 
handling.  More  they  would  not  bear.  Hence  the  impracticability 
of  their  being  copied  but  at  Monticello.  But  independent  of  them 
the  printed  laws,  beginning  in  16G2,  with  all  our  former  printed 
collections,  will  be  a  most  valuable  publication,  and  sufficiently 
distinct.  I  shall  have  no  doubt  of  the  exactness  of  your  part  of  the 
work,  but  I  hope  you  will  take  measures  for  having  the  typography 

and  paper  worthy  of  the  work. . 

TH.  JEFFERSON.5' 

At  the  session  of  1807,  the  editor  submitted  a  memorial  to  the 
General  Assembly,  stating  his  object  and  requesting  that  some 
mode  might  be  adopted  to  give  authenticity  to  the  laws  which  he 
was  about  to  publish.  An  act  was  accordingly  passed,  in  pursuance 
of  which,  the  work  has  been  proceeded  on.  That  he  has  executed 
it  to  the  entire  satisfaction  of  every  one,  cannot  be  expected  ;  but 
that  he  has  spared  no  pains  to  render  it  worthy  of  the  approbation 
of  an  enlightened  public,  he  is  perfectly  conscious. 

It  may  be  an  objection  with  some,  that  the  orthography  in  which 
iIk;  laws  were  written  has  been  strictly  preserved  :  But  the  slightest 
reflection  will  evince  the  propriety  of  this  measure.  In  no  other 
way  can  the  history  of  a  language  be  accurately  traced;  nor  is 
there  any  circumstance  which  more  clearly  distinguishes  a  genuine 
from  a  spurious  paper.  To  the  mind  of  the  editor  nothing  can  be 
more  improper,  in  transcribing  from  an  original,  than  to  vary  the 
spelling  of  the  words,  to  sait  the  fluctuations  of  a  living  language. 
ft  would  be  just  as  proper  for  a  painter,  in  copying  the  picture  of 
an  ancient  Turk  with  his  mustachoes,  to  give  him  the  beardless  face 
of  a  modern  American  Indian. 

Until  the  reign  of  queen  Anno,  the  English  language  was  extreme- 
ly variable  and  unsettled.     The  best  informed  men,  writing  at  the 

une  period,  would  spell  the  same  words  very  differently.  This  is 
particularly  remarkable  in  Hayncs's,  Murdin's  and  Thurloe^s  state 
papers,  which  are  truly  copied  from  the  originals.  When  that 
bright  constellation  of  writers,  composed  of  Addison,  Pope,  Swift, 
Sic.  &c  made  their  appearance,  it  was  supposed  that  our  language 
i  is  unalterably  settled  ;  succeeding  writers  have  taken  them  as  a 


xtt  PREFACE, 

model;  and  lexicographers  in  abundance  have  sprung  up,  who  have 
been  satisfied  if  they  could  trace  a  word  to  such  respectable  author- 
ities. But  it  should  be  recollected  that,  during  the  constant  muta- 
tions of  a  living  language,  corruptions  are  imperceptibly  creeping 
in  ;  and  that  whenever  we  stop  at  any  particular  period  and  at- 
tempt to  fix  a  standard,  as  of  the  language  then  used,  we  necessari- 
ly embrace  some  of  those  corruptions.  Thus,  it  will  be  seen  in  the 
present  volume,  that  from  the  year  1623,  till  towards  the  restoration 
in  1660,  the  word  "  governor''  was  generally  spelt  without  the 
11  ti,"  in  the  termination  ;  afterwards  that  superfluous  letter  was  in- 
troduced, and  being  in  general  use  during  the  reign  of  queen  Anne, 
the  word  "  governour''''  became  the  standard  of  orthograph)'.  But 
the  "  u"  is  now  universally  exploded.  The  same  remark  applies 
to  the  words  "  Hand''/;  and  "  massaker,"v  which  were  thus  written 
in  our  ancient  statutes.  They  were  afterwards  changed  to  Island 
and  massacre,  which  is  still  in  general  use ;  but  a  modern  writer 
of  celebrity,  who  seems  to  have  carried  his  researches  into  the 
history  and  origin  of  our  langunge  much  farther  back  than  any  of 
his  predecessors,  has  shewn  that  these  are  mere  anomalies. to  Ma- 
ny other  instances  might  be  adduced,  in  which  the  words  were 
much  more  correctly  written  nearly  two  hundred  years  ago,  than 
at  the  period  when  the  English  language  was  supposed  to  have  been 
carried  to  its  utmost  degree  of  perfection  :  But  it  would  occup)v 
too  much  space  to  point  them  out.  Others,  whose  course  of  stud)' 
is  more  particularly  directed  to  that  object,  may  avail  themselves 
of  the  materials  which  this  work  so  abundantly  supplies.  Per- 
haps in  no  other  single  publication  will  there  be  found  a  more  re- 
gular and  connected  history  of  the  English  langunge,  for  upwards 
of  a  century.  Nor  will  the  authority  of  the  book  be  lessened  by 
the  consideration  that  it  contains  only  the  laivs  and  state  papers  of 
the  age,  the  public  transactions  of  which  it  records.  In  every  na- 
tion which  has  attained  any  degree  of  civilization,  men  of  the  best 
talents  have  been  usually  employed  in  the  formation  of  their 
}aws,  and  in  the  various  public  departments.  Hence  it  is.  that  in 
the  laws  and  stale  papers  of  a  country,  we  may  reasonably  look  for 
the  best  models  of  language. 

Bin  it  is  not  merely  to  trace  the  history  of  our  language  that  re- 
ference may  be  had  to  these  volumes.  They  will  be  found  to  con- 
tain a  rich  treasure  of  information  relative  to  the  state,  of  society 
among  the  first  settlers ;  their  religious  intolerance  ;  the  rise,  progress 
an  J  establishment  of  our  civil  institutions ;  and  generally  such  politi- 
cal events  as  afford  a  lesson  to  posterity  of  something  worthy  to  he 

t  Sop  pn.  148, 178-9.  »  S-r  act.  LXVIJ.  pa.  177 

See  preface  to  Webster's  compendious  dictionary  pa.  VI1F,  XVjI. 


PREFACE.  xm 

imitated  and  something' (o  be  shunned.  Much  of  the  present  work 
lias  existed  until  now,  only  in  manuscript,  and  in  single  copies  ; 
and  has  been  inaccessible  to  all  our  historians.  To  this  cause  may 
be  ascribed  some  of  the  errors  with  which  all  the  histories  of  Vir- 
ginia abound;  but  too  many  of  them  may  be  traced  to  the  gross 
ignorance  or  wilful  misrepresentations  of  the  English  historians. 
Except  the  rays  of  light  reflected  by  Mr.  Burk,  (from  the  scanty 
materials  in  his  possession,)  on  that  portion  of  our  history  which 
comprises  the  existence  of  the  commonwealth  of  England,  the 
whole  of  that  period  is  either  enveloped  in  total  darkness,  or  has 
been  most  inaccurately  represented  by  every  historian  who  profess- 
ed to  depict  \tx  In  detailing  the  leading  events  of  that  day,  it 
has  been  saidy  "that  the  governors  of  Virginia  were  appointed  by 
the  commonwealth  or  by  Cromwell ;  that  the  people,  tired  of  the 
restraints  imposed  on  their  commerce,  and  strengthened  in  princi- 
ples of  loyalty  by  the  royalists  who  flocked  hither  from  England, 
were  impatient  to  shake  off  the  yoke  of  Cromwell  ;  and  dragging 
Sir  William  Berkeley  from  his  retiranent,  unanimously  appointed 
him  governor,  and  proclaimed  Charles  II,  with  all  his  titles,  be- 
fore the  restoration  had  been  effected  in  England."  There  is  not 
one  word  of  truth  in  any  part  of  this  relation.  Not  a  single  govern 
or  was  appointed  either  by  the  parliament  or  by  Cromwell;  but  they 
they  were  all  elected  by  the  House  of  Burgesses  in  pursuance  of  the 
powers  vested  in  them  by  the  provisional  articles  of  government, 
adopted  at  the  surrender  of  the  country  to  the  commissioners  ap- 
pointed on  behalf  of  the  parliament.^  The  commerce  of  Virginia 
was  even  more  free  than  that  of  the  mother  country.  None  of 
the  restrictions  of  the  act  of  navigation  were  felt.  The  vessels  of' 
all  nations  were  admitted  into  their  ports;  and  a  duty  often  shil- 
lings a  hogshead  imposed  on  all  tobacco  exported,  and  shipped  tn 
any  part  of  America  or  elsetohere  except  in  English  vessels  directly 
bound  to  England  :a  from  the  payment  of  which  duty,  vessels 
belonging  to  Virginians  were  afterwards  exempted. b  Finally  the 
assembly  passed  an  act  asserting  the  right  of  the  colony  to  a  fret- 
trade  with  all  nations  in  amity  with  the  people  of  England,  and 
compelled  all  masters  of  vessels  to  give  bond,  in  the  penalty  of  two 
thousand  pounds  sterling,  not  to  molest  any  person  trading  here 
under  the  protection  of  the  laws.c     So  far  were  the  assembly  from 

:c  Sec  notrs  to  pages  429,  513  anil  526. 

y  By  Beverley,  Chalmers,  Robertson  and  others. 

c  See  pages  371,  428,  431,   502,  the  articles  of  the  provisional  government  ;  ami 
pages  371,  408,  431,  602,  504,516,  530,  the  election  of  governors  by  the  house  of  Inn 
-es. 

a  See  act  LXX1V  of  March,  1657-8,  pa.  469  and  acts  X  and  XVI  of  March,  1659  60" 
pa  536. 

*>  See  pa.  537.         <    See  act  IX,  pa.  535. 


xiv  PREFACE. 

erectiugthe  royal  standard  and  proclaiming"  Charles  li.  at  the  time 
when  the}'  elected  Sir  William  Berkeley,  governor,  that,  by  the  very 
first  act  of  the  same  session  they  expressly  took  the  powers  of  go- 
vernment into  their  own  hands  ;  and  directed  that  all  writs  should 
issue  "  in  the  name  of  the  Grand  Assembly. "d  By  the  second  act, 
they  appointed  Sir  William  Berkeley,  governor  ;  enjoined  it  on  him 
to  call  an  assembly  once  in  two  years  at  least,  or  oftener  if  necessa- 
ry ;  gave  him  the  power  of  making  choice  of  a  secretary  and  coun- 
cil of  state,  with  the  approbation  of  the  assembly;  and  restrained 
him  from  dissolving  the  assembly  without  the  consent  of  the  ma- 
jor part  of  the  house.e  These  acts  passed  at  an  assembly  held  in 
March,  1G59-60,  between  the  resignation  of  Richard  Cromwell^ 
(on  the  22d  of  April,  1659)  and  the  restoration  of  Charles  II.  (on 
the  29th  of  May,  16G0;)  at  a  time  when,  as  the  assembly  express 
themselves,  "  there  was  no  resident,  absolute  and  general  confess- 
ed power  in  England."  They  were  unquestionably  the  offspring  of 
necessity,  and  arose  from  that  state  of  interregnum  which  existed 
in  England,  when  the  cautious  proceedings  of  General  Monck  left 
it  uncertain  what  kind  of  government  would  be  ultimately  adopt- 
ed. 

In  contemplating  the  laws  of  every  infant  state,  progressing  in 
civilization,  the  mind  is  struck  with  the  remarkable  coincidence  in 
their  objects  and  tendencies.  To  promote  the  increase  of  popula- 
tion, supply  the  want-;  of  the  people,  improve  the  agriculture  and 
staple  commodities  of  the  country,  provide  for  the  due  administra- 
tion of  justice,  and  guard  against  the  incursions  of  the  aboriginal 
inhabitants  are  among  the  first  sulyects  which  claim  and  receive 
the  attention  of  the  legislature;  and  not  unfrequently  the  establish- 
ment of  some  particular  system  of  religion,  in  exclusion  of  all  o- 
thers,  has  had  but  too  much  share  in  then*  deliberations.  Nor 
will  it  be  an  useless  lesson  to  posterity  to  review  the  various  mea- 
sures which  have  been  adopted  by  their  ancestors  to  insure  these 
ends,  and  the  success  with  which  they  have  been  attended. 

The  first  pages  of  our  statute  book,  of  the  acts  of  each  of  the  ear- 
ly sessions,  and  of  every  revisal  prior  to  the  American  Revolution 
are  devoted  to  the  cause  of  religion  and  church  government:  not 
that  religion  which  Q\cry  man  might  think  proper  to  profess,  or  that 
liberal  system  which  permitted  every  individual  to  worship  his  God 
according  to  the  dictates  of  his  own  conscience;  but  the  religion 
of  the  church  was  the  religion  of  the  ruling  party  in  the  state,  and 
none  other  was  tolerated. 

From  the  settlement  of  the  colony  to  the  death  of  Charles  I. 
and  the  commencement  of  the  commonwealth  thereupon,  an  uni- 

tctl  •>;  March,  1659-60,  p.  530.  e  See  act  II.  of  March,  1659-60,  pa.  331 


PREFACE.  *v 

■  onnity  to  the  doctrines  and  discipline  of  the  church  of  England 
was  strictly  enjoined  ;/  all  non-conformists  were  compelled  to  leave 
the  colony,  with  all  convenience  ;g  popish  recusants  were  disabled 
from  holding  any  office,  and  their  priests  not  suffered  to  remain 
more  than  five  days  in  the  country. h  During  the  commonwealth, 
the  affairs  of  the  church  were  left  to  the  discretion  of  the  parish- 
ioners ;i  but  no  sooner  did  the  Quakers,  who  had  fled  from  the 
persecutions  in  England,  arrive  on  our  shores  than  they  were  met 
by  the  terrors  of  an  act"  for  suppressing  them  ;'7c  masters  of  ves- 
sels were  subjected  to  a  penalty  of  one  hundred  pounds  sterling 
for  each  Quaker  brought  into  the  colony;  all  Quakers  were  impri- 
soned without  bail  or  mainprize,  till  they  found  sufficient  security 
to  depart  the  colony  ;  for  returning  they  were  directed  to  be  pro- 
ceeded against  as  contemners  of  the  laws  and  magistracy,  and  pu- 
nished accordingly  ;  and  if  they  should  come  in  a  third  time  they 
were  to  be  prosecuted  as  felons.  All  persons  were  prohibited,  un- 
der the  penalty  of  one  hundred  pounds  sterling,  from  entertaining 
them,  or  permitting  their  assemblies  in  or  near  their  houses;  and  no 
person  was  permitted  to  dispose  of,  or  publish,  any  books  or  pam- 
phlets containing  the  tenets  of  their  religion./ 

It  is  worthy  of  observation  that  a  similar  principle  to  that  which 
has  obtained  in  Kentucky  with  respect  to  compensation  for  im- 
provements  made  upon  lands  by  one  man,  the  title  of  which  ap- 
peared, from  investigation,  to  be  in  another,  existed  in  a  law  of  Vir- 
ginia, so  long  ago  as  the  year  1043.     And  as  this  law  has  never  be- 
fore been  published,  we  can  only  account  for  the  coincidence,  by 
Supposing  that  mankind,  in  every  age,  placed  in  similar  situations, 
will  generally  pursue  the   same  course.     The  act,  after  reciting 
that  many  suits  had  been  commenced,   founded   on  controversies 
relating  to  land,  "  to  the  great  trouble  and  molestation  of  the  whole, 
colony,''  goes  on  to  declare,  that  if  any  man  should  settle  on  a  tract, 
of  land,  which,  on  a  just  survey,  should  prove  to  be  the  property 
of  another,  a  valuable  consideration  should  be  allowed  by  the  judg- 
ment of  twelve  men  upon  oath,  to  the  first  who  seated  it,  for  clear- 
ing and  improving  it;  but  if  the  charge  should  amount  to  more? 
than  the  real  owner  was  willing  to  give,  the  person  in  possession 
was  bound  to  keep  the  land,  and  pay  the  owner  what  it  should  be 
judged  by  twelve  men  to  be  worth,  "  before  the  seating  thereof ;" 
and,  of  course,  without  regard   to   the  improvements.     An  excep- 
tion was  made  in  favour  of  orphans  ;wi  and  afterwards  a  further 

M  pa.  123,  144,  149,  166,  180,  240,  277.  g  See  pa.  277. 

h  See  pn.  268-9.  i  See  pa.  4X:i.  I;  See  pa.  632.  /  §e«  pa.533 

Set  DCtXXXIfl  of  March,   1642-3,  pin  260 


cVi  PREFACE. 

proviso,  tint  an  allowance  for  "  building  and  clearing"  should  uuf 
be  made  to  those  who  had  "  lawful  warning"  of  a  prior  right.n— 
About  the  same  period  (1643)  the  assembly  passed  an  act  direct- 
ing that  all  process  against  debtors  lately  arrived  from  England 
(except  where  the  debts  were  contracted  for  goods  purchased  in 
England,  or  for  the  accommodation  of  planters  returning  to  this 
country)  should  be  suspended.o  This  act  is  introduced  by  a  lengthy 
preamble,  assigning  reasons  which  fully  satisfied  the  minds  of  the 
legislature  as  to  the  policy  and  even  justice  of  the  measure.  These 
laws  had  an  obvious  tendency  to  increase  the  population,  and  pro- 
mote the  improvement  of  the  country,  by  rendering  the  persons  of 
many  of  the  inhabitants  free  from  restraint,  and  by  securing  to  every 
man  the  fruits  of  his  labour. 

The  culture  of  tobacco  seems  to  have  been  a  favorite  object  with 
the  first  settlers,  and  was  the  only  staple  commodity  to  which  they 
could  be  induced  to  turn  their  attention.  In  order  to  improve  its 
quality  various  laws  were  passed  limiting  the  number  of  plants  to 
be  cultivated  by  each  hand,  and  the  leaves  to  be  gathered  from  a 
plant.ja  -  Other  details  in  the  process  of  making  it,  were  also  pre- 
scribed by  the  legislature;  and  to  insure  a  just  compensation  for 
the  labour  of  the  planter,  the  price  at  which  it  was  to  be  sold  was 
ilxed  by  the  assembly,  at  different  times. q  The  first  idea  of  in- 
specting tobacco  is  contained  in  an  act  passed  in  1630,  before  any 
warehouses  were  established.  The  process  was  very  simple,  and 
the  penalty  for  offering  unmerchantable  tobacco  in  payment  equally 
severe,  if  a  planter  offered  to  pay  away,  or  barter  any  bad  tobacco, 
the  commander  of  the  plantation  (an  officer  who  united  with  the 
powers  of  a  justice  of  the  peace,  the  supreme  military  command  of 
the  settlement)  with  two  or  three  discreet  men,  were  directed  to 
view  it,  and  if  found  of  bad  quality,  to  cause  it  to  be  burnt;  and  the 
owner  was  prohibited  from  planting  any  more  tobacco  until  author- 
ised by  the  General  Jlssembly.r  At  the  next  session  the  law  was 
amended  so  as  to  make  it  the  duty  of  the  commander  to  issue  his 
order  either  verbally  or  in  writing  to  two  "  sufficient  men"  to  view 
the  tobacco,  who  were,  in  like  manner,  to  burn  it,  if  of  bad  quali- 
ty..? The  same  law  was  re-enacted  in  the  revisal  of  1632. t  In 
1 633,  warehouses  (then  called  storehouses)  were  established,  and 
the  inspectors  were  to  be  composed  of  that  member  of  the  king's 
council,  whose  residence  was  nearest  any  warehouse,  and  the  com- 
missioners of  the  several  plantations,  as  assistants. v 

U  Spc  art  XV  of  1647,  pa.  349  And  act  XXII  of  March,  1657-8,  pa.  443,4. 
a   S.-e  net  XXIV  of  March,  1642-:jr  pa.  256. 

p  See  pa.  141,2,  152,  164,  188-9,  203,  4,  5,  6,  209,  be.         q  See  pa.  188,206,210. 
See  pa    152,  Sae  pa   Mo  t  Sec  pa.  190.  See  pa   204,211. 


PREFACE.  xvii 

To  prevent  the  recurrence  of  a  scarcity  of  corn,  which  bad  been 
severely  felt  in  the  colony,  each  master  of  a  family  was  compelled 
to  plant  and  sufficiently  tend,  two  acres  a  head,  for  each  labouring 
person  in  his  family;  and  as  an  encouragement  to  cultivate  that 
article,  the  price  was  not  to  be  limited,  but  every  planter  might 
sell  it  as  dear  as  he  could.  Nor  does  it  appear  that  the  legislature 
ever  interfered  with  the  exportation  of  corn,  or  restricted  the  price, 
except  in  times  of  pressing  want.w  In  the  year  1630,  the  contents 
of  a  barrel  of  corn  were  fixed  at  Jive  bushels,  Winchester  measure, 
and  has  so  continued  to  the  present  day.a; 

Various  and  severe  laws  were  very  early  enacted  against  forestal- 
ling and  ingrossing  imported  articles,?/  but  their  ineflieacy  having 
been  experienced,  they  were  all  repealed  and  a  free  trade  allowed.* 

The  administration  of  justice,  in  Virginia,  was  originally  ex- 
tremely cheap,  and  simple  in  its  details.  Commanders  of  planta- 
tions held  monthly  courts  for  the  trial  of  civil  actions,  not  exceed- 
ing the  value  of  one  hundred  pounds  of  tobacco,  and  for  the  pu- 
nishment of  petty  offences,!  reserving  the  right  of  appeal  to  the 
quarter  court  held  by  the  governor  and  council,  which  possessed 
the  supreme  judicial  power,  under  the  different  charters,  and  had 
original  jurisdiction  in  all  cases  whatsoever.  Commissioners  of 
monthly  courts  succeeded  to  commanders  of  plantations,  with  the 
like  jurisdiction  in  civil  cases  ;J  which  was  afterwards  extended  to 
five  pounds  sterling.6  The  jurisdiction  of  the  court  was  further 
extended  to  sixteen  hundred  pounds  of  tobacco,  and  they  were  to 
be  called  county  instead  of  monthly  courts  ;  and  that  of  a  single  ma- 
gistrate was  final  as  far  as  twenty  shillings  sterling.c  In  conse-. 
quence  of  the  great  distance  of  many  of  the  counties  from  James 
City,  where  the  quarter  courts  were  held,  jurisdiction  was  finally 
given  to  the  county  courts,  in  all  cases  of  law  and  equity,  and  the 
trial  by  jury  secured  to  those  who  desired  it.d  The  decision  of 
the  county  court  was,  at  first,  final  as  far  as  sixteen  hundred 
pounds  of  tobacco,e  and  for  all  sums  above  that  an  appeal  was  allow- 
ed to  the  quarter  court,  and  from  thence  to  the  assembly  ;/  which 
afterwards  had  jurisdiction  of  appeals  in  all  cases,  of  whatever 
amount.^-  Besides  the  general  jurisdiction  of  the  county  and  quar- 
ter courts,  special  provision  was  made  for  certain  counties  and  set- 
tlements where  it  was  considered  too  inconvenient  to  the  people 
to  attend  at  the  usual  place  of  holding  courts.  The  leading  prin- 
ciple seems  to  have  been  to  carry  justice  to  the  doors  of  the  inhabit- 
ants.    Thus,  the  county  court  of  Northampton.  "  on  account  of  its 

to  See  Index  tit.  <  corn.'  x  See  page  170.  *  Fa.  296. 

y  See  pa.  160,  166, 190,  172, 194, 217,  245.       f  See  pa.  125.  131. 

%  See  pa.  132.    b  See  pa.  168, 185.     r.  See  pa.  2T1  :-!    d  See  pa  303 

t  See  pa.  345, 398, 477     flWd.     g  Sec  pa.  541 

c 


xviii  PREFACE. 

remotenessfromJam.es  City,"  had  final  jurisdiction  as  liar  as  three 
thousand  two  hundred  pounds  of  tobacco  ;  one  commissioner  on 
the  South  side  of  the  river  in  James  City  county,  was  vested  with 
the  powers  of  a  county  court  ;h  the  inhabitants  of  Appamattock  or 
Bristol  parish,  were  also  authorised  to  hold  courts,  with  the  right 
of  appeal  to  Henrico  or  Charles  City  county  coUrts.i  Two  courts 
were  permitted  to  be  held  in  Northampton  ;&  two  in  Isle  of  Wight ;l 
and  two  in  Charles  City.m  As  the  population  of  the  county  in- 
creased, and  new  counties  were  formed,  these  special  courts  were 
abolished. 

In  the  year  1643,  the  first  act  passed  for  regulating  lawyers  : 
though  they  had  certainly  attended  the  several  courts  before  that 
periods  By  the  first  law  on  the  subject,  no  attorney  was  permit- 
ted to  plead,  without  a  license  ;  which  was  grantable  by  the  court 
in  which  he  practised ;  nor  could  an  attorney  have  a  license  from 
more  courts  than  the  quarter,  and  one  county  court, — Their  fees 
were  twenty  pounds  of  tobacco,  in  the  county,  and  fifty  pounds  in 
the  quarter  court :  and  no  attorney  could  refuse  to  be  retained 
unless  employed  on  the  other  side.  In  1645,  all  mercenary  attor- 
nies were  expelled  from  office  :o  In  1647,  that  act  was  amended  by 
adding  a  clause  to  it  declaring  that  no  attornies  should  take  any 
fees  ;  and  if  the  court  should  perceive  that  either  party,  by  his  weak- 
ness, was  likely  to  lose  his  cause,  they  themselves  should  either  open 
the  case  or  "  appoint  some  fit  man  out  of  the  people,"  to  plead 
the  cause,  and  allow  him  a  reasonable  compensation  :  no  other  at- 
tornies were  admitted.^  In  1656,  the  act  prohibiting  attornies  was 
repealed;  the  governor  and  council  were  authorised  to  license  them 
for  the  quarter  courts,  and  the  commissioners  for  the  county  courts, 
and  if  any  controversy  should  arise  concerning  their  fees,  it  was  to 
be  settled  by  the  courts  respectively.  In  1657-8,  the  law  against 
mercenary  attornies,  was  again  revived. q 

An  inspection  of  the  different  fee  bills  will  shew  the  simplicity  of 
judicial  proceedings,  and  the  -mall  compensation  allowed  to  the 
officers  of  court.  The  first  officers  whose  fees  were  established  by 
law,  were  the  secretary  who  was  clerk  of  the  quarter  court,?-  and 
the  marshal,  who  executed  the  same  duties  which  devolved  upon 
the  sheriff,  after  the  appointment  of  that  officer,  which  was  not  until 
the  year  1634.6'  The  fees  of  clerks*  and  sherifl'sz?  embraced  but 
few  objects,  and  were  very  moderate. 

Clerks  of  county  courts  were,  at  one  time,  appointed  by  the  go- 
vernor^  but  afterwards  by  the  courts  themselves.//       f'ommis- 

h  See  pa.  335-6.  i  See  pa.  376.  k  See  pa.  409. 

I  Ibid,  m  See  pa.  497.  n  See  pa.  275.  o  Fa.  3< 

p  Pa.  349.  q  Pa.  482.  r  Pa.  176, 20 1 ,  220,  265,  463. 

s  Pa.  224,  as  to  appointment  of  Sheriffs,  &  pa.  176,  201,  220,  as  to  marshal's  feet 

t  Pa.  266.  305.  464.  Pa.  266,  465  wP.  305.  u  Pa.  448-9 


PREFACE.  3uX 

toners  01'  county  courts,  (the  same  as  justices  of  the  peace)  were 
formerly  appointed  by  the  governor,.?  afterwards  by  act  of  assem- 
bly ;a  but  at  the  commencement  of  the  commonwealth  they  were 
appointed  by  the  house  of  burgesses  ;b  afterwards  they  were  re- 
commended by  their  courts,  and  commissioned  by  the  governor 
and  council, c  and  finally  their  appointment  was  confirmed  by  the 
assembly. d  During  the  same  period  the  county  courts  recom- 
mended three  or  more  to  the  governor  and  council,  out  of  which 
they  made  a  selection  for  sheriffs, e  who  were  to  continue  in  office 
for  one  year  only./* 

No  representative  government  was  ever  instituted  in  which  the 
principles  of  universal  suffrage,  and  of  full  representation,  were 
carried  further  than  in  Virginia.  The  right  of  suffrage  was  ori- 
ginally exercised  by  all  freemen;  who  were  not  compellable  to 
go  from  their  plantations  to  vote  for  burgesses  ;g  but  might  give 
their  suffrages  by  subscribing  a  paper.A  This  mode  having  been 
attended  with  considerable  inconvenience,  it  was  provided  that  all 
future  elections  should  be  by  plurality  of  voices  present ;  and  a 
fine  was  imposed  on  ^\\  free  men,  who  should  fail  to  attend  at  the 
time  and  place  appointed  for  the  election.?'  The  number  of  bur- 
gesses to  a  plantation  or  settlement  (before  the  formation  of  coun- 
ties) was  unlimited  \k  nor  does  it  appear  that,  at  that  time,  any 
particular  qualifications  were  necessary.  After  counties  were 
laid  off,  the  number  of  representatives  to  a  county  remained  with- 
out limitation,  until  November,  1645,1  when  they  were  reduced  to 
four  to  each  county,  except  James  City  county,  which  might  send 
five,  and  the  city  itself  one  ;m  and  the  election  was  directed  to  be 
held  where  the  county  courts  were,n  except  in  those  places  which 
were  specially  authorised  by  act  of  assembly  to  hold  elections. — 
These  were  certain  parishes  to  which  that  privilege  was  granted  ;o 
and  it  was  afterwards  extended  to  all  parishes,  they  paying  the  ex- 
penses of  their  burgesses,  as  the  counties  in  general  were  compel- 
led to  do  in  relation  to  theirs.p  At  the  March  session,  1660-1,  the 
number  of  burgesses  was  limited  to  two  for  each  county,  and  one 
for  James  City,  it  being  the  metropolis.^ 

s  See  the  form  of  the  commission,  pa.  132.  a  Pa.  168,  166.     I  Pa.  372. 

c  Pa.  376, 402.  d  Pa.  480.  e  Pa.  392.  /Pa.  442, 

«  Pa.  2-27  h  Pa.  333.  i  Pa.  333-4. 

k  See  beginning  of  acts  of  1629,  pa.  138,  of  1630,  pa.  147,  of  1632,  pa.  152,  same 
year,  page  178,  of  1633,  page  202,  in  all  of  which  it  will  be  found  that  each  plantation 
sent  their  members  to  the  assembly. 

I  See  acts  of  1643,  page  239,  of  1644,  page  2S3,  February,  1644-5,  page  288,  and 
of  November,  1645,  page  299.  m  Pa.  300.  n  Ibid. 

o  Pa.  250,  277.  p  Pa.  421,  520,  267,  454. 

«/  See  Act  VII,  of  March,  1660-1,  which  was  re-enacted  in  the  revisal  of  March; 
lfirtl-2,  and  may  be  found  in  Purvis's  Collection,  act  LXXXIV,  page  64. 


x\  PREFACE, 

The  first  act  which  in  the  smallest  degree  abridged  the  right  of 
suffrage,  or  prescribed  the  qualifications  of  the  members,  passed  at 
the  March  session,  1634-5.?-  By  this  act  it  was  declared,  that  the 
persons  who  should  be  elected  to  serve  in  assembly  be  such,  and  no 
"  other  than  such,  as  were  persons  of  known  integrity  and  of  good 
"  conversation,  and  of  the  age  of  one  and  twenty  years."s  That 
"  all  house  keepers,  whether  freeholders,  lease-holders,  or  other- 
"  wise  tenants,  should  only  be  capable  to  elect  burgesses ;"  pro- 
vided that  the  term  "  house,  keepers  should  extend  no  further  than 
•-  to  one  person  in  a  family. "£  At  the  next  session,  however,  so 
much  of  this  act  as  excluded  any  freeman  from  voting  was  re- 
pealed :  the  assembly  declaring  "  that  they  conceived  it  something 
"  hard  and  unagreeable  to  reason  that  any  persons  should  pay  equal 
"  taxes,  and  yet  have  no  votes  in  election. "v  In  the  revisal  of 
1657-8,  the  same  principle  is  preserved  ;  the  right  of  suffrage  be- 
ing extended  to  "  all  persons  inhabiting  in  the  colony,  that 
"  are  free  men."m;  By  an  act  of  1670,  that  right  was,  for  the 
first  time,  confined  to  free  holders  only  ;a?  and  the  necessity 
of  this  qualification  was  further  enforced  by  instructions  from  king 
Charles  II,  to  sir  Wm.  Berkeley,  governor,  in  1676  :  "  You  shall 
"  lake  care/'  says  the  second  article  of  the  instructions,  "  that  the 
•f  members  of  the  assembly  be  elected,  only  by  free  holders,  as 
"  being  more  agreeable  to  the  custome  of  England,  to  which  you 
"  are  as  nigh  as  conveniently  you  can  to  conform  yourselfe.''y 

To  enumerate  all  the  instances  in  which  the  leading  principles 
of  laws,  supposed  to  be  of  late  origin,  may  be  traced  back  to  a  re- 
mote period  of  antiquity,  would  far  exceed  the  limits  usually  de- 
voted to  a  preface ;  but  it  would  be  a  work  of  great  utility.  On  the 
foundation  of  many  of  our  ancient  laws,  the  superstructure  of  the 
modern  has  been  raised;  and  many  of  them  are  much  more  clearly 
expressed  than  those,  on  the  same  subject,  of  a  more  recent  date. 
This  circumstance,  added  to  the  reasons  often  assigned  by  the  ear- 
ly legislatures  for  the  enacting  of  their  laws,  would  remove  much 
of  that  doubt  and  perplexity  which  is  so  often  experienced  in  the 
exposition  of  a  statute.  Should  the  editor  meet  with  that  encou- 
ragement in  his  arduous  undertaking,  which  will  permit  him  to 
indulge  a  hope  that  his  labours  have  obtained  some  share  of  public 
approbation,  he  will  give  a  General  Index  at  the  end  of  the  work. 
which  shall  contain  a  correct  historv  of  our  several  laws  from  the 
earliest  period  to  the  present  time. 

Bridges  and  ferries  were  at  first  established  and  maintained  at 
public  expense  ;z  but  this  being  considered  burthensome  to  the  in- 

t  Pa.  411.  I  Pa.  412.  t  Pa.  412.  ;  Pa  403  to  Pa.  475. 

x  Purvis's  Collection,  167-8,  and  vol.  2  of  this  work. 

y  Manuscript  in  possession  of  ihr.  Editor,  folio  121, 1>  «  Pa.  26y 


PREFACE.  xxi 

labitants  ot  many  ol' the  counties,  especially  the  poor,  who  seldom 
ised  them ;  the  law,  as  to  ferries,  was  repealed, a  and  the  county 
:ourts  vested  with  power  to  establish  ferries  on  the  application  of 
ndividuals,  and  fix  their  rates. 6     The  exclusive  right  of  establish- 
ing ferries  was  afterwards  resumed  by  the  assembly:  and  having 
exercised  it  for  a  series  of  years,  to  the  great  interruption  of  other 
public  business,  the  legislature  at  the  session  of  t80o,c  restored 
to  the  county  courts  the  power  exercised  by  them  so  long  ago  as 
the  year  1647. 

The  present  volume  iias  been  printed  entirely  from  manuscript, 
and  brings  down  the  laws  to  the  termination  of  the  commonwealth, 
in  1660.  As  these  documents  are  at  such  complete  variance  with 
the  historical  accounts  which  we  have  had  of  the  public  transac- 
tions in  Virginia,  especially  during  the  four  last  years  of  the  com- 
monwealth, I  have  felt  it  an  indispensable  duty  to  annex  copious 
notes,  explanatory  of  the  views  which  I  have  taken  ot  those  sub- 
jects d 

In  the  running  title  to  the  acts  passed  during  the  Commonwealth, 
that  term  has  been  preserved  ;  contrary  to  the  practice  in  England, 
which  has  been  to  consider  the  commonwealth,  in  the  computation 
of  the  reign  of  Charles  II.  as  a  period  which  never  existed.  Thus 
we  see  in  the  Statute-books,  and  Reporters,  the  year  1661,  which 
was  in  theirs*  year  after  Charles  II.  was  actually  at  the  head  ot 
the  government,  intituled  as  the  twelfth  year  of  his  reign.e 

In  a  work  so  laborious  as  the  present,  where  the  characters  in 
which  the  laws  are  written  are  as  difficult  to  decypher  as  the  Greek 
language  would  be  to  a  person  who  had  never  learnt  the  alphabet, 
it  is  impossible  to  avoid  the  committing  of  many  errors.  The  ef- 
fect upon  the  eye  sight,  too,  has  been  incalculably  injurious.  To 
this  cause  may,  doubtless,  be  ascribed  some  of  the  mere  literal  er- 
rors which  have  escaped  my  utmost  diligence.  But  it  is  believed 
that  few  have  passed  unnoticed  which  affect  the  sense.  The  only 
error  of  any  importance  which  I  have  to  regret,  is  in  the  arrange- 
ment of  the  acts  of  March,  1654-5,  and  1655-6.  These  were  dated 
in  the  MS.  simply  1655,  and  the  acts  of  March,  1655-6,  were  there 
placed  before  those  of  March,  1654-5.  It  was  only  by  the  subject 
matter  that  the  error  could  be  discovered  :  and  when  done,  it  was 
too  late  to  alter  the  arrangement.  The  reader  will  therefore  turn 
over  from  page  393  to  404,  and  having  gone  to  page  414,  he  will 
return  to  393. 

To  this  volume  is  prefixed  a  list  of  governors  of  Virginia,  du- 

«  Pa.  348.  b  Pa.  348, 41 1.  c  See  Revised  Code,  vol.  2,  pa.  130. 

d  See  Notes  In  pa.  358, 369,  429,  613,  626 

e  See  acts  of  1661-2,  in  vol.  2.     See  also  Hanlres's  Reports  166.     Sir  Thomas  Ray 
niond's  Report  1,  ar>^  I  Levinz's  Rep.  T 


xxii  PREFACE. 

ring  the  period  comprised  in  it,  taken  from  an  annent  manuscript, 
with  which  the  editor  was  favored  by  Mr.  Jefferson,  late  President 
of  the  United  States.  A  similar  list  will  be  prefixed  to  each  vo- 
lume :  and  at  the  end  of  the  work,  a  complete  table,  exhibiting  an 
historical  view  of  the  formation,  boundaries,  and  variation  in  the 
names  of  the  several  counties  in  Virginia  will  be  given. 

The  Ancient  Charters  to  the  first  adventurers,  forming  a  mass  of 
important  information,  have  hitherto  been  of  very  difficult  access; 
and  some  of  them  existing  only  in  manuscript,  it  was  thought  that 
a  general  collection  of  them  would  greatly  add  to  the  utility  of  the 
work. — They  have  accordingly  been  compiled  and  printed  from 
the  best  authorities. 

As  an  introduction  to  the  laws  of  an  onceinfant  colony,  it  has  been 
deemed  proper  to  notice  those  acts  of  sovereignty,  which  the  peo- 
ple were  either  compelled  to  resort  to,  when  the  oppressions  of  the 
mother  country,  left  them  no  alternative  hut  absolute  slavery,  or  the 
formation  of  an  independent  government ;  or  which  their  more  mature 
judgment  induced  them  to  adopt.  With  this  view,  the  Constitu- 
tion of  the  United  States,  with  the  latest  amendments;  the 
Declaration  of  Independence  ;  the  Articles  of  Confedera- 
tion; the  Declaration  of  Rights,  and  Constitution  of  Vir- 
ginia have  been  inserted.  But  the  people  of  Virginia,  represent- 
ed in  convention,  being  theirs*  to  proclaim  the  idea  of  American 
Independence,  that  solemn  act  may,  with  propriety,  claim  the 
first  place  in  a  collection  of  their  laws ;  and  has  accordingly  been 
inserted. 

WILLIAM  WALLER  HENING, 

Richmond,  29th  August,  1809. 


PREFACE 


THE  SECOND  EDITION. 


By  the  act  of  the  5  th  day  of  February,  1808,  authorizing  the 
editor  to  publish  the  Statutes  at  Large,  and  prescribing  the  mode  of 
authentication,  one  hundred  and  fifty  copies  were  subscribed  for, 
on  behalf  of  the  commonwealth  ;  which  added  to  two  hundred 
copies  printed  for  the  use  of  the  editor's  subscribers,  made  the  im- 
pression three  hundred  and  fifty  copies  only.  Under  this  sub- 
scription, the  work  progressed  to  the  end  of  the  4th  volume,  when  the 
aiterruptions  produced  by  the  late  war,  and  the  death  of  the  pub- 
lisher, Mr.  Samuel  Pleasants,  Junr.  occasioned  its  suspension. 
When  the  committee  on  the  Revised  Code  of  1819,  reported  to 
the  legislature,  they  so  strongly  recommended  the  continuation  of 
die  Statutes  at  Large,  that  the  act  of  the  10th  of  March,  1819,  was 
passed.  By  this  act,  the  subscription,  on  behalf  of  the  state, 
was  increased  to  eight  hundred  copies  ;  but  no  provision  was 
made  for  completing  the  sets  with  the  first  four  volumes.  The 
first  volume  having  been  long  out  of  print,  and  the  state  having 
a  large  surplus  of  the  5th  and  subsequent  volumes,  the  act  of 
the  24th  of  January,  1823,  was  passed,  which  provides  for  com- 
pleting the  sets,  and  appropriates  the  proceeds  of  the  sales  of  500 
copies,  under  the  superintendence  of  the  executive,  to  the  purchase 
of  a  public  library. 

In  the  first  edition,  commencing  on  page  238,  the  caption  of 
the  acts  states  them  to  have  been  taken  from  a  MS.  belonging  to 
Edmund  Randolph,  Esq.  The  volume  was  received  from  that  gen- 
tleman, by  the  editor,  who  understood  it  to  be  his  property.  But 
from  two  letters  addressed  to  the  editor  by  Thomas  Jefferson,  Esq., 
late  President  of  the  United  States,  the  one  dated  the  25th  of 
April,  J  81 5,  the  other  the  3d  of  September,  1820,  there  was  such 


xxiv  PREFACE. 

conclusive  evidence  that  the  MS.  belonged  to  him,  and  had  been 
borrowed,  from  his  library,  by  Edmund  Randolph,  Esq.,  when  he 
contemplated  writing  a  history  of  Virginia,  that  it  has  been  sent 
to  the  library  of  Congress,  with  the  other  MSS.  included  in  Mr. 
Jefferson's  Catalogue.  The  error  in  the  caption  has  been  correct- 
ed in  this  edition. 

WILLIAM  WALLER  HENJNG. 

Richmond,  January  30th.  1823. 


"A 


mBi^  ©3?  oomnnnrs 


c>* 


Page. 


9 

31 

32 

36 

37 

46 

47 

49 

50 

56 

LIST  of  Governors  of  Virginia,  during  the  period 
comprised  in  this  volume       -----         3 

Resolution  of  the  Convention  of  Virginia,  authorising 
their  Delegates  in  Congress  to  declare  American  In- 
dependence --___.  _6 

Constitution  of  the  United  States,  with  the  latest  amend- 
ments -------- 

Declaration  of  Independence  - 

Articles  of  Confederation  - 

Declaration  of  Rights  of  Virginia    - 

Constitution  of  Virginia  - 

Ancient  Charters  relating  to  the  first  settlement  of  Vir- 
ginia, viz  :  First  Charter,  or  Letters  Patent  of  King 
James  I.  to  Sir  Thomas  Gates  and  others,  for  two 
several  colonies  and  plantations  in  Virginia  (April 
10th,  1606) 57       66 

Articles,  Instructions,  &c.  for  the  two  several  colonies 

and  plantations  in  Virginia,  (Nov.  20th,  1606)  67       75 

Ordinance  and  Constitution  of  King  James  1.  enlarg- 
ing the  number  of  the  council  for  the  two  several  co- 
lonies, &c.  (March  9th,  1607)        -         -         -         -       76       79 

Second  Charter  of  King  James  I.  to  the  Treasurer  and 
Company,  erecting  them  into  a  body  politic,   &ic. 

(May  23d,  1609) SO       98 

Third  Charter  of  King  James  I.  to  the  Treasurer  and 
Company  for  Virginia,  (March  12th,  1611-12)       -       98     110 

Ordinance  and  Constitution  of  the  Treasurer  and  Com- 
pany, for  a  Council  of  State  and  General  Assembly 
(July  24th,  1621)  .     HO     113 

Commission  to  Sir  Francis  Wyatt,  he.  first  Governor 
under  the  Ordinance  and  Constitution  for  a  General 
Assembly  (July  24th,  1 6il)  -         -         -         -     113     114 

Instructions  to  Governor  Wyatt  (Jul v  24th,  1621)      -     114     118 

A 


%  CONTENTS. 

Acts  of  Assembly  of  June,  1619  - 

of  March,  1623-4    - 

from  1623-4  to  1629 

of  October,  1629      - 

of  March,  1629-30 

of  February,  !  631-2 

of  September,  1632 

of  February,  1632-3 

of  August,  1633       - 

of  January,  1 638-9 

of  1642  .... 

of  March,  1642  3     - 

of  October,  1644      - 

of  February,  1644-5 

of  November,  1645 

of  March,  1645  6 

of  October,  1646      ... 

of  November,  i  U47 

of  October,  1648      - 

of  October,  1649     - 
Articles  at  the  surrender  of  the  Country,  he. 
For  the  surrendering  Virginia  to  the  subjection  of  the 

Parliament  of  the  Commonwealth  of  England,  67c. 
Act  of  Indemnity  at  the  surrender  of  the  Country 
Acts  of  Assembly  of  April,  1652  - 

of  July,  1053 

of  November,  1654 

of  March,  1654-5     - 

of  March,  1655  6     - 

of  December,  1656 

of  March,  1657-8    - 

of  March,  1658  9     - 

of  March,  U5S9-60  - 
Index 


119 

120 

121 

1'8 

129 

136 

137 

144 

147 

152 

152 

177 

178 

202 

202 

209 

209 

224 

224 

230 

230 

238 

238 

282 

282 

283 

288 

298 

298 

309 

309 

321 

322 

3S8 

389 

352 

352 

357 

358 

363 

363 

36* 

365 

367 

367 

368 

369 

377. 

377 

385 

386 

393 

404 

414 

393 

403 

414 

428 

429 

505 

505 

o  -~*y 

526 

■  % 

553 

600 

GOVERNORS 


«P  VIRGINIA  DURING  THE  PERIOD    COMPRISED  IN  THIS 

VOLUME. 


KrThis  MS. 

is  now  in  th& 
library  of 
Congress,  at 


Washington. 


Sir  Thomas 


[From  a  MS.  belonging?  to  Thomas  Jeferson,  Presi- 
dent of  the  United  States,  and  purchased  by  him  from 
the  Executor  of  Richard  Bland,  dec'd*] 

SIR  Thomas  Smith,  Knt.  was  treasurer  and  Go- 
vernor of  the  Company  during  the  first  twelve  year  Smitht 
which  ended  the  18th  of  November,  1618.f 

Sir  George  Yeardley  was  Governor  from  the   18th  Sir  George 
of  November,  1618,  till  the  18th  of  November,  1621.  Yeardley. 

Sir  Francis  Wyatt  was  Governor  to  the  Company   Sir  Francis 
from  the  18th  of  November,  1621,  till  the  26th  of  Au-  Wyatt 
gust.    22d.  Jac.  1.     And  then  the  King  granted  him 
a  commission  to  be  Governor  till  some  other  course 
should  be  settled  and  resolved    upon.     But  George 
Wyatt,  Esq.  father  of  the  Governor  dying  in  Ireland, 
the  Governor  got  leave  from  the  King,  dated  the  18th 
of  Sept.  in  the  same  year,  to  go  to  Ireland  to  manage 
his  affaires,  and  at  the  s-ame  time  sent  a  commission  to 
Sir  George  Yeardley  to  be  Governor  in  the  absence  of  Sir  Georg* 
Sir  Francis,  or  in  case  of  his  death,  to  be  chief  Govern- 

*  This  list  of  governors  is  at  the  end  of  the  volume,  and  is  bro't. 
down  to  the  year  1722,  when  Alexander  Spotswood  ceased  to  be  go- 
vernor and  was  succeeded  by  Hugh  Drysdale  ;  who  dying  in  1726, 
and  Jennings  the  president  of  the  council  being  suspended,  Col.  Ro- 
bert Carter  took  upon  himself  the  administration  of  the  government, 
as  president  of  the  council  This  manuscript  appears  to  be  in  the 
hand-writing  of  R.  Hickman,  who,  as  clerk  to  the  secretary's  office; 
has  attested  several  of  the  public  papers. 

t  The  administration  of  Sir  Thomas  Smith  must  be  understood  as 
confined  to  a  presidency  of  the  council  and  company  in  England, 
while  the  affairs  of  the  colony  were  managed  by  one  council  resi- 
dent there.  He  was  never  actualry  governor  in  Virginia — (see  Bui  k's 
hist.  Virg.  vol.  I  pa.  92  )  During  the  time  that  Sir  Thomas  Smith 
was  Treasurer  and  president  of  the  company  in  England,  the  follow- 
ing were  the  presidents  of  the  council,  and  governors  in  Virginia 
i-i  president  of  the  council,  Edward  Maria  Wingfield.  2d.  John 
Radcliffe.  3d.  John  Smith.  4th  George  Percy.  1st  Governor. 
Lord  De  la  War  2d  Sir  Thomas  Dale.  3d.  Sir  Thomas  Gates.  4th 
Sfcr  Thomas  Dale  5th.  r'ppt.  George  Yeardley.   6th.  Capt.  Argall. 


LIST  OF  GOVERNORS 


£apt   Francis 
West. 


John  Pott. 


Sir  John 
Harvey . 


Capt.  John 
West. 


Sir  John 

Harvey. 


Sir  Francis 
Wvatt. 


Sir  William 
Berkeley. 


or.  Sir  George  Yeardley  by  virtue  of  that  commission 
on  continued  Governor  till  the  19th  April,  1626,  when 
a  commission  was  granted  him  by  King  Charles  the 
1st  to  be  chief  Governor,  in  which  post  he  continued 
as  lonpc  as  he  lived.  And  the  day  after  he  was  buried, 
being  the  14th  November,  1627,  and  according  to  his 
majesties  commission  to  the  council  for  that  purpose 
Capt.  Francis  West  was  elected  Governor. 

Capt.  Francis  West  continued  Governor  till  the  5th 
March,  162S,  and  then  (he  being  designed  to  go  for 
England)  John  Pott,  Esq.  was  elected  Governor  by 
the  Council. 

John  Pott,  Esq.  continued  Governor  till  some  time 
between  October  and  March,  1629  :  for  on  the  4th  of 
March  the  Quarter  Court  ordered  an  assembly  to  be 
called  to  meet  Sir  John  Harvey  .on  the  24th,  and  no- 
thing was  done  after  8br.  in  Pott's  name  that  can  be 
found. 

Sir  John  Harvey  continued  Governor  till  1635,  and 
the  people  being  enraged  at  some  mismanagements  of 
his,  petitioned  for  an  Assembly  to  hear  their  complaints 
against  hiin,  and  an  Assembly  was  called  accordingly. 
But  before  they  met  he  agreed  in  Council  to  go  to 
England  to  answer  them  and  upon  that,  Capt.  John 
West  was  elected  Governor. 

How  long  John  West  governed  is  uncertain,  but  it  ap- 
pears by  a  paper  among  the  damnified  records,  that  he 
was  out  the  3d  Jan.  1636,  and  Harvey,  Governor  again. 
There  is  a  pattent  granted  by  Harvey  13th  April,  1636. 

Harvey,  after  that  continued  Governor  till  Novem- 
ber, 1639,  and  then  Sir  Francis  Wyatt  came  in  with 
a  commission  to  be  Governor. 

Sir  Francis  Wyatt  continued  Governor  till  Februa- 
ry, 1641,  and  then  came  Sir  William  Berkley  in  Go- 
vernor. 

Sir  William  Berkley  continued  Governor  till  the  lat- 
ter end  of  June,  1644.  and  then  returned  to  England, 
whereupon  the  Council  elected  Richard  Kempe,  Esg- 
Governor, 


OF  VIRGINIA. 


.-> 


Richard  Kempe  continued  till  Sir  William  returned 
back  which  was  about  the  16th  of  June,  1645. 

Sir  William  Berkley,  after  that  continued  Governor 
till  the  spring,  1652,  and  then  Richard  Bennett,  Esq. 
was  Governor. 

Richard  Bennett  continued  till  1655,  and  then  Ed- 
ward Digges,  Esq.  was  made  Governor. 

Digges  continued  till  between  February,  1656  and 
the  April  following,  and  then  Samuel  Mathews  was 
made  Governor. 

Samuel  Mathews,  Esq.  continued  till  January,  1659 
and  died.  And  before  23d  March  next  the  Assembly 
elected*  Sir  William  Berkeley  Governor  :  for  that  day 
he  sat  in  court. 


Richard 
K  mpe. 

Sir  William 
Berkeley. 


Richard  Ben- 
nett. 

Edward 
Disfs.es. 


Samuel  Mat 
thews. 

Sir  William 
Berkeley. 


*  This  account  of  the  election  of  Sir  Win.  Berkeley  by  the  as- 
sembly, is  entirely  supported  by  the  public  records — See  act  II  of 
March,  1659-60,  page  530.  The  last  four  Governors,  in  this  list, 
Bennett,  Digges,  Matthews  and  Berkeley  were  appointed  by  the 
assembly  of  Virginia,  during  the  existence  of  the  commonwealth  of 
England,  and  not  by  the  parliament  or  Cromwell,  as  erroneoush 
represented  by  Robertson  and  other  historians — Sc*?  note  to  page 
526 


mm 


OF   THE 


CONVENTION  OF  VIRGINIA, 

INSTRUCTING    THEIR    REPRESENTATIVES    IN    CONGRESS    TO    PROPOSE 

&  ©cclaratiou  oC  Kuticpewtreuce. 

[Unanimously  agreed  to,  on   Wednesday  the  15th  of  May,  1776, 

one  hundred  and  twelve  members  being  present. 

See  Journ.  Conv.  pa.  31.] 

FORASMUCH  as  all  the  endeavours  of  the  United  Colonies, 
by  the  most  decent  representations  and  petitions  to  the  King  and 
Parliament  of  Great  Britain,  to  restore  peace  and  security  to 
America  under  the  British  government,  and  a  re-union  with  that 
people  upon  just  and  liberal  terms,  instead  of  a  redress  of  griev- 
ances, have  produced,  from  an  imperious  and  vindictive  adminis- 
tration, increased  insult,  oppression,  and  a  vigorous  attempt  to 
effect  our  total  destruction.  By  a  late  act,  all  these  Colonies  are 
declared  to  be  in  rebellion,  and  out  of  the  protection  of  the  British 
crown,  our  properties  subjected  to  confiscation,  our  people,  when 
captivated,  compelled  to  join  in  the  murder  and  plunder  of  their 
relations  and  countrymen,  and  all  former  rapine  and  oppression  of 
Americans  declared  legal  and  just  Fleets  and  armies  are  raised, 
and  the  aid  of  foreign  troops  engaged  to  assist  these  destructive 
purposes.  The  King's  representative  in  this  colony  hath  not  only 
withheld  all  the  powers  of  government  from  operating  for  our  safety, 
but  having  retired  on  board  an  armed  ship,  is  carrying  on  a  piratical 
and  savage  war  against  us,  tempting  our  slaves,  by  every  artifice  to  re- 
sort to  him,  and  training  and  employing  them  against  their  masters. 
In  this  state  of  extreme  danger,  we  have  no  alternative  left  but  an 
abject  submission  to  the  will  of  those  overbearing  tyrants,  or  a  total 
separation  from  the  crown  and  government  of  Great  Britain,  uni- 
ting and  exerting  the  strength  of  ail  America  for  defence,  and  form- 
ing alliances  with  foreign  powers  for  commerce  and  aid  in  war  : 
Wherefore,  appealing  to  the  Searcher  of  Hearts  for  the  sin- 
cerity of  former  declarations,  expressing  our  desire  to  preserve 
the  connexion  with  that  nation,  and  that  we  are  driven  from  that 
inclination  by  their  wicked  councils,  and  the  eternal  laws  of  self- 
preservation, 


8  RESOLUTION,  &c. 

Resolved  unanimously,  That  the  delegates  appointed  to  represent 
this  Colony  in  General  Congress,  be  instructed  to  propose  to  that 
respectable  body,  to  declare  the  United  Colonies  free  and  indepen- 
dent States,  absolved  from  all  allegiance  to,  or  dependence  upon 
the  crown  or  parliament  of  Great  Britain  ;  and  that  they  give  the 
assent  of  this  Colony  to  such  declaration,  and  to  whatever  mea- 
sures may  be  thought  proper  and  necessary  by  the  Congress  for 
forming  foreign  alliances,  and  a  confederation  of  the  colonies,  at 
such  time,  and  in  the  manner,  as  to  them  shall  seem  best :  Provided, 
that  the  power  of  forming  government  for,  and  the  regulations,  of 
lhe  internal  concerns  of  each  colony,  be  left  to  the  respective  colo- 
nial legislatures. 

Resolved  unanimously,  That  a  committee  be  appointed  to  prepare 

i  Declaration  of  Rights,  and  such  a  plan  of  government  as  will 

be  most  likely  to  maintain   peace    and   order  in   this  colony,  and 

:ure  substantial  and  equal  liberty  to  the  people. 


©HS^ttaTCPiKIt© 


OF    THE 


UNITED   STATES, 


We  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  Union,  establish  Justice,  insure  Domes- 
tic Tranquillity,  provide  for  the  Common  Defence, 
promote  the  General  Welfare,  and  secure  the  Bless- 
ings of  Liberty  to  Ourselves  and  our  Posterity,  do 
ordain  and  establish  this  Constitution  for  the 
United  States  of  AMERICA. 

ARTICLE  I. 

Section  I. 

ALL  legislative    po  •  ers  herein  granted   shall  be  Of  the  legisla- 
vested  in  a  CONGRESS  of  the  United  States,  which  tive  pmve'' 
shall  consist  of  a  Senate  and  House  of  Representatives. 

Section  II. 

The  House  of  Representatives  shall  be  composed  °/ ^ "s°euns.e 
of  members  chosen  every  second  year,  by  the  people  tatives. 
of  the  several  states  ;  and  the  electors  in  each  state 
shall  have  the  qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not 
have  attained  to  the  age  of  twenty  five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  state  in 
which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within 
this  union,  according  to  their  respective  numbers,  which 
shall  he  determined  bv  adding  to  the  whole  number  of 

n 


10  CONSTITUTION  OP 

free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  ail  other  persons.  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting 
of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  }ears,  in  such  manner  as  they 
shall  by  law  direct.  The  number  of  representatives 
shall  not  exceed  one  for  every  thirty  thousand,  but 
each  state  shall  have  at  least  one  representative  ;  and 
until  such  enumeration  shall  be  made,  the  state  of  New- 
Hamp shire  shall  be  entitled  to  choose  three,  Massachu- 
setts eight,  Rhode-Island  and  Providence- Plantations 
one,  Connecticut  five,  Mew-York  six,  JVezo- Jersey  four. 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Vir- 
ginia ten,  North-Carolina  five,  South-Carolina  five,  and 
Georgia  three. 

When  vacancies  happen  in  the  representation  from 
any  state,  the  executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole 
power  of  impeachment. 

Section  III. 
Of  the  Senate.       The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  state,  chosen  by  the  Legis- 
lature thereof,  for  six  years  ;  and  each  Senator  shall 
have  one  vote. 

Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided,  as 
equally  as  may  be,  into  three  classes.  The  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year,  and  of  the  third  class 
at  the  expiration  of  the  sixth  year,  so  that  one  third 
may  be  chosen  every  second  year  ;  and  if  vacancies 
happen  by  resignation  or  otherwise,  during  the  recess 
of  the  legislature  of  any  state,  the  executive  thereof 
may  make  temporary  appointments  until  the  next  meet- 
ing of  the  legislature,  which  shall  then  fill  such  vacan- 
cies. 

No  person  shall  be  a  Senator  Mrho  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years 
a  citizen  of  the  United  States,  and  who  shall  not  when 
elected,  be  an  inhabitant  of  that  *m\i'.  for  which  h« 
<mall  be  chosen. 


THE  UNITED  STATES.  II 

The  Vice-President  of  the  United  States,  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless 
they  be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also 
a  President,  pro  tempore,  in  the  absence  of  the  Vice- 
President  or  when  he  shall  exercise  the  office  of  Presi- 
dent of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.  When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside  : 
And  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
under  the  United  States:  but  the  party  convicted  shall 
nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment,  according  to  law. 

Section  IV. 

Thetimes, places. and  mannerof  holdingelectionsfor     t 

„  V  »-.  •  i     11    i  Mi-       Manner  ol 

Senators  and  Representatives,  shall  be  prescribed  in  electing  mem- 
each  state  by  the  legislature  thereof;  but  the  congress   bers. 
may  at  any  time,  by  law,  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Congress  to 

year,  and  such  meeting  shall  be  on  the  first  Monday  in  assemble  an- 

December,  unless  they  shall,  by  law,  appoint  a  differ-  nually. 
ent  day. 

Section   V. 

Each  House  shall  be  the  judge  of  the  elections,  re-  Powers  ot 
turns  and  qualifications  of  its  own  members,  and  a  ma-  each  House, 
jority  of  each  shall  constitute  a  quorum  to  do  business ; 
but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  ab- 
sent members,  in  such  manner  and  under  such  penal- 
ties, as  each  House  may  provide- 

Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behaviour,  and 
with  the  concurrence  of  two  thirds,  expel  a  member. 


l^: 


CONSTITUTION  OF 


Compensa- 
tion, privile- 
ges, and  inca- 
pacities of  the 
members. 


Manner  of 
passing  bills, 
orders,  &c 


Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  House  on  any 
question  shall,  at  the  desire  of  one  fifth  of  those  present, 
be  entered  on  the  journal. 

Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place,  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section  VI. 

The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by 
law,  and  paid  out  of  the  treasury  of  the  United  States. 
They  shall  in  all  cases  except  treason,  felony  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  session  of  their  respective  Houses,  and 
in  going  to,  and  returning  from,  the  same ;  and  for 
any  speech  or  debate  in  either  House,  they  shall  not  be 
questioned  in  any  other  place. 

No  Senator  or  Representative  shall  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  of- 
fice under  the  authority  of  the  United  States,  which 
shall  have  been  created  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time:  and  no  person 
holding  any  office  under  the  United  States,  shall  be  a 
member  of  either  House  duringhis  continuance  in  office. 

Section  VII. 

All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose 
or  concur  with  amendments,  as  on  other  bills. 

Every  bill,  which  shall  have  passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  become  a  law, 
be  presented  to  the  President  of  the  United  States;  if  he 
approve  he  shall  sign  it;  but  if  not,  he  shall  return  it 
with  his  objections,  to  that  House,  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration,  two  thirds  of  that  House  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  House,  by  which  it  shall  likewise  be 
re-considered,  and,  if  approved  by  two  thirds  of  that 


THE  UNITED  STATES.  1& 

House,  it  shall  become  a  law.  But  in  all  such  cases,  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and 
nays,  and  thenames  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  House  res- 
pectively. If  any  bill  shall  not  be  returned  by  the  Pre- 
sident within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  adjournment  prevent  its  return,  in  which  case 
it  shall  not  be  a  law. 

Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  adjournment)  shall 
be  presented  to  the  President  of  the  United  States  and 
before  the  same  shall  take  effect,  shall  be  approved  by 
him  or  being  disapproved  by  him,  shall  be  re-passed  by 
two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in 
the  case  of  a  bill. 

Section  VIII. 

The  Congress  shall  have  power — 

To  lay  and  collect  taxes,  duties,  imposts  and  excises,  Powers  off 
to  pay  the  debts  and  provide  for  the  common  defence  Congre9S 
and  general  welfare  of  the  United  States  :  but  all  du- 
ties, imposts  and  excises,  shall  be  uniform  throughout 
the  United  States ; 

To  borrow  money  on  the  credit  of  the  United  States  j 

To  regulate  commerce  with  foreign  nations,  and 
among  the  several  states,  and  with  the  Indian  tribes ; 

To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies,  through- 
out the  United  States ; 

To  coin  money,  regulate  the  value  thereof  and  of  fo- 
reign coin,  and  fix  the  standard  of  weights  and  mea- 
sures ; 

To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  Sates ; 

To  establish  post-offices  and  post-roads ; 

To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times,  to  authors  and  inventors,  the 


14  CONSTITUTION  OF 

exclusive  right  to  their  respective  writings  and  disco- 
veries; 

To  constitute  tribunals  inferior  to  the  supreme  court; 
to  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offences  against  the  law  of  nations; 

To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water ; 

To  raise  and  support  armies ;  but  no  appropriation  of 
money  to  that  use,  shall  be  for  a  longer  term  than  two 
years ; 

To  provide  and  maintain  a  navy  ; 

To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces ; 

To  prov'de  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections  and  repel  in- 
vasions ; 

Toprovide'for  organizing,  arming  anddiscipliningthe 
militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving 
to  the  states  respectively,  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia  according  to 
the  discipline  prescribed  by  Congrses; 

To  exercise  exclusive  legislation  in  all  cases  whatsoe- 
ver, over  such  district  (not  exceeding  ten  miles  square) 
as  may,by  cession  of  particular  states,and  the  acceptance 
of  Congress,  become  the  seat  of  the  government  of  the 
United  States,  and  to  exercise  like  authority  over  all 
places  purchased  by  the  consent  of  the  Legislature  of 
the  state  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dockyards  and  other  need- 
ful buildings — And 

To  make  all  laws  which  shall  be  necessary  and  proper 
for  carryinginto  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  constitution  in  the  govern- 
ment of  the  United  States,  or  in  any  department  or  offi- 
cer thereof. 

Section  IX. 

The  migration  or  importation  of  such  person  s'as  any 
of  the  states  now  existing  shall  think  proper  to  admit, 


THE  UNITED  STATES.  15 

shall  not  be  prohibited  by  the  Congress  prior  to  the     Limitations 

,^^r>    •    \  j  \.  l     •  j  u    of  the  powers 

year  1S08,  but  a  tax  or  duty  may  be  imposed  on  such  of  congress. 
importation,  not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  in- 
vasion the  public  safety  may  require  it. 

No  bill  of  attainder,  or  ex  post  facto  law  shall  be 
passed. 

No  capitation,  or  other  direct  tax,  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  herein  be- 
fore directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  state.  No  preference  shall  be  given  by  any  regu- 
lation of  commerce  or  revenue  to  the  ports  of  one  state 
over  those  of  another  ;  nor  shall  vessels  bound  to  or 
from  one  state,  be  obliged  to  enter,  clear  or  pay  duties 
in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law  ;  and  a 
regular  statement  and  account  of  the  receipts  and  ex- 
penditures of  all  public  money,  shall  be  published  from 
time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United 
States  :  And  no  person  holding  any  office  of  profit  or 
trust  under  them,  shall  without  the  consent  of  the  Con- 
gress, accept  of  any  present,  emolument,  office  or  title 
of  any  kind  whatever,  from  any  king,  prince  or  fo- 
reign state. 

Section  X. 

No  state  shall  enter  into  any  treaty,  alliance  or  con-     Limitation  of 
federation  ;  grant  letters  of  marque  and  reprisal ;  coin  the  powers  of 
money;  emit  bills  of  credit ;  make  any  thing  but  gold  *he  individual 
and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any 
bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

Nostate  shall,  without  the  consent  of  the  Congress,lay 
any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws  :  and  the  net  produce  of  all  duties  and 
impost^.  laid  hv  onv  state  on  imports  or  exports,  shall 


& 


CONSTITUTION  OF 


The  Executive 
power  to  be 
vested  in  a 
President. 


Manner  of 
electing  the 
President  and 
Vice-Presi- 
dent. 


be  for  the  use  of  the  treasury  of  the  United  States  ; 
and  all  such  laws  *>hall  be  subject  to  the  revision  and 
controul  of  the  Congress.  No  state  shall,  without  the 
consent  of  Congress,  lay  any  duty  of  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  state,  or  with  a 
foreign  power,  or  engage  in  war,  unless  actually  in- 
vaded, or  in  such  imminent  danger  as  will  not  admit 
of  delay. 

ARTICLE  II. 

Section  I. 

The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his 
office  during  the  term  of  four  years,  and,  together  with 
the  Vice-President,  chosen  for  the  same  term,  be  elect- 
ed as  follows  : 

Each  state  shall  appoint  in  such  manner  as  the  Le- 
gislature thereof  may  direct,  a  number  of  electors,  equal 
to  the  whole  number  of  Senators  and  representatives 
to  which  the  state  may  be  entitled  in  the  Congress;  but 
no  Senator  or  representative,  or  person  holding  an 
office  of  trust  or  profit  under  the  United  States,  shall 
be  appointed  an  elector. 

*[The  electors  shall  meet  in  their  respective  states, and 
vote  by  ballot  for  two  persons,  ofwhom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  state  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for, 
and  of  the  number  of  votes  for  each;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  Presi- 
dent of  the  Senate.  The  President  of  the  Senate  shall, 
in  the  presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  certificates,  and  the  votesshall  then  be 
counted.  The  person  having  the  greatest  number  of  votes 
shall  be  the  President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed  ;  and  if  there  be 
more  than  one  who  have  such  majority,and  have  an  equal 
number  of  votes,  then  the  House  of  Representatives  shall 


*  In  lieu  of  this  paragraph,  another  has  been  adopted,  as  an  amend • 
inent,  by  which  the  electors  arc  to  distinguish  in  their  votes,  those 
given  for  President,  from  those  ?iven  for  We-President.  See  the 
amendment,  post  NTo    14 


THE  UNITED  STATES.  17 

immediately  choose,  by  ballot,  one  of  them  tor  President 
and  if  no  person  have  a  majority,  then  from  the  five  high- 
est on  the  list,  the  said  House  shall,  in  like  manner, 
choose  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote:  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary 
to  a  choice.  In  every  case,  after  the  choice  of  the  Presi- 
dent, the  person  having  the  greatest_number  of  votes  of 
the  electors,  shall  be  the  Vice-President.  But  if  tl>  e 
should  remain  two  or  more  who  have  equal  votes,  the 
Senate  shall  choose  from  them,  by  ballot,  the.Vice-Prt si- 
dent.] 

The  Congress  may  determine  the  time  of  choosing  die 
electors,  and  the  day  on  which  they  shall  give  their  votes ; 
which  day  shall  be  the  same  throughout  the  United 
States. 

No  person,  except  a  natural   born  citizen,  or  a  citizen   Vfhv  cany 
of  the  United  States,  at  the  time  of  the  adoption  of  thi  '* 

Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office,  who 
shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  *.•  ••; ■•.*  of 
of  his  death,  resignation  or  inability  to  discharge   th  '" 

powers  and  duties  of  the  said  office,  the  same  shall  d<  -  { 
volve  on  the  Vice-President,  and  the  Congress  may  b< 
law  provide  for  the  case  of  removal,  death,  resignation  o 
inability,  both  of  the  President  and  Vice-President,  de- 
claring what  officer  shall  then  act  as  President,  and  such  'out, 
officer  shall  act  accordingly,  until  the  disability  be   re-    'M' 
moved,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  f'^si- 
services,  a  compensation,  which  shall  neither  be  increas- 
cd  nor  diminished  during  the  period  for  which  he  shall 
have  been  elected,  and  he  shall  not  receive  within  that 
period  any  other  emolument  from  the  United  States,  or 
any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall   His  oath 
take  the  following  oath  or  affirmation  :  "  J  do  solemnly 

C 


i- 


IS  CONSTITUTION  OF 

swear  (or  affirm)  that  I  will  faithfully  execute  the  office 
of  President  of  the  United  States,  and  will  to  the  best  of 
my  ability,  preserve,  protect  and  defend  the  Constitution 
of  the  United  States." 

Section  II. 

Powers  The  President  shall  be  commander  in  chief  of  the  army 

of  thtpri  and  navy  of  the  United  States,  and  of  the  militia  of  the 
sident.  several  states,  when  called  into  the  actual  service  of  the 
United  States ;  he  may  require  the  opinion  in  writing,  of 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offences  against  the  United  States,  except  in 
cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two  thirds 
of  the  Senators  present  concur;  and  he  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  supreme  court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  law: 
But  the  Congress  may,  by  law,  vest  the  appointment  of 
such  inferior  officers  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  de- 
partments. 

The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions,  which  shall  expire  at  the  end  of  their 
next  session. 

Section  III. 

He  shall,  from  time  to  time,  give  to  the  Congress  infor- 
mation of  the  state  of  the  union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary 
and  expedient.  He  may, on  extraordinary  occasions,  con- 
vene both  Houses  or  either  of  them,  and  in  case  of  dis- 
agreement between  them,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall 
think  proper.  He  shall  receive  ambassadors  and  other 
public  ministers.  He  shall  take  care  that  the  laws  be 
faithfully  executed;  and  shall  commission  all  the  officers 
of  the  United  States. 


THE  "UNITED  STATES  19 

Section  IV. 

How  the 

The  President,  Vice-President,  and  all  civil  officers  of  President. 
the  United  Sates,  shall  be  removed  from  office  on  im-  ^officers 
peachment  for,  and  conviction  of  treason,  bribery,  or  may  be  re- 
other  high  crimes  and  misdemeanors.  moved 

from  office. 

ARTICLE  III. 

Section  I. 

The  judicial  power  of  the  United  States  shall  be  vested  Of  theju- 
in  one  Supreme  Court,  and  in  such  inferior  courts,  as  the  p|,cwar 
Congress  may,  from  time  to  time,  ordain  and  establish. 
The  judges,  both  of  the  supreme  and  inferior  courts,  shall  .  Concern 
hold  their  offices  during  good  behavior,  and  shall,  at  stat-  ^^ 
ed  times,  receive  for  their  services,  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  of- 
fice. 

Section  II. 

The  judicial  power  shall  extend  to  all  cases  in  law  Extent  o: 
and  equity,  arising  under  this  constitution,  the  laws  of  the  Judi- 
the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  affecting  am- 
bassadors, other  public  ministers,  and  consuls;  to  all  cases 
of  admiralty  and  maritime  jurisdiction  ;  to  controversies 
to  which  the  United  States  shall  be  a  party ;  to  controver- 
sies between  two  or  more  states,  between  a  state  and  citi- 
zens of  another  state,  between  citizens  of  different  states, 
between  citizens  of  the  same  state  claiming  lands  under 
grants  of  different  states,  and  between  a  state,  or  the  citi- 
zens thereof,  and  foreign  states,  citizens  or  subjects. 

In  all  cases,  affecting  ambassadors,  other  public  minis-  Of  the  Mi- 
ters, and  consuls,  and  those  in  which  a  state  shall  be  a  fppaelja"te 
party,  the  Supreme  Court  shall  have  original  jurisdiction,  jmisdie- 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court  tion  of  the 
shall  have  appellatejurisdiction,  both  as  to  law  and  fact,  court™0 
with  such  exceptions,  and  under  such  regulations,  as  the 
congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  Of  trials 
shall  be  by  jury  ;  and  such  trial  shall  be  held  in  the  state  forcnmes 
where  the  said  crimes  shall  have  been  committed;  but 
«yhen  not  committed  within  any  state,  the  trial  shall  b*>  at 


2© 


CONSTITUTION  OF 


Of  trea- 


SOB 


Faith  to 
fee  given 
to  public 
acts,  &c. 
ef  each 
state. 


-Privileges 
of  citizens 
to  extend 
thro'  all 
the  states. 
Fugitives 
from  jus- 
tice to  be 
delivered 
up. 


Persons 

Jield  to 
service  ov 
labor,  to 
fcedeli- 
<•  'cd  tip. 


New 

states 
7»»\  ho. 


such  place  or  places,  as  the  Congress  may  by  law  have 
directed. 

Section  III. 

Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason  unless  on  the  testimony  of  two  witnesses, 
to  the  same  overt  act,  or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason ;  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 

ARTICLE  IV. 

Section  I. 

Full  faith  and  credit  shall  be  given,  in  each  state,  to  the 
public  acts,  records,  and  judicial  proceedings  of  every 
other  state.  And  the  Congress  may,  by  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records,  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

4 

Section  II. 

The  citizens  of  each  state  shall  be  entitled  to  all  pri- 
vileges and  immunities  of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony  or 
other  crime,  who  shall  flee  from  justice  and  be  found  in 
another  state,  shall,  on  demand  of  the  executive  authority 
of  the  state  from  which  he  fled,  be  delivered  up,  to  be  re- 
moved to  the  state  having  jurisdiction  of  the  crime. 

No  person,  held  to  service  or  labor  in  one  state  under 
the  laws  thereof,  escaping  into  another,  shall  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor  •,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Section  III. 

New  states  may  be  admitted  by  the  Congress  into  this 
union  ;  but  no  new  state  shall  be  formed  or  erected  with- 


THE  UNITED  STATES. 


21 


iu  the  jurisdiction  of  any  other  state — nor  any'state  be  admitted, 
formed  by  the  junction  of  two  or  more  states,  or  parts  of 
states,  without   the  consent  of  the   Legislatures  of  the 
states  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of,  and  Disposal  of 

make  all  needful  rules  and  regulations  respecting  the  ter-  anToUm- 

xitory  or  other  property  belonging  to  the  United  States  : —  property 

And  nothing  in  this  constitution  shall  be  so  construed,  as  ^^^g1" 
to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  state. 


Section  IV. 

The  United  States  shall  guarantee  to  every  state  in  this  J^"*"^ 
union,  a  republican  form  of  government ;  and  shall  pro-  tection  of 
tect  each  of  them  against  invasion,  and  on  application  of  the  states 
the  Legislature,  or  of  the  executive  (when  the  Legisla-  t^0^ 
ture  cannot  be  convened)  against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two-thirds  of  both  Houses  menat™*0 
shall  deem  it  necessary,  shall  propose  amendments  to  this  the  consti- 
eonstitution,  or  on  the  application  of  the  Legislatures  of  *ut»°n. 
two-thirds  of  the  several  states,  shall  call  a  convention  for 
proposing  amendments ;  which,  in  either  case,  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  this  constitu- 
tion, whefljfetified  by  the  Legislatures  of  three-fourths  of 
the  several   states,  or   by  conventions   in    three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  Congress  j  Provided,  That  no  amend- 
ment, which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  ar- 
ticle ;  and  that  no  state,  without  its  consent,  shall  be  de-- 
prived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE  VI. 


All  debts  contracted,  and  engagements  entered  into,  deb™and 

before  the  adoption  of  this  constitution,  shall  be  as  valid  en^age- 

against  the  United  States,  under  this  constitution,  as  un-  ment? to 

j.i  /•    i  remain  var- 

der  the  confederation.  lid 

This  constitution,  and  the  laws  of  the  United  States  This  cou 

which  shall  be  made  in  pursuance  thereof,  and  all  trea-  stmuicw, 


s$ 


CONSTITUTION  O.V 


the  laws  ties  made,  or  which  shall  be  made,  under  the  authority  of 

fies  of  "the  lne  United  States,  shall  be  the  supreme  law  of  the  land, 

V.  S.  to  be  and  the  judges,  in  every  state,  shall  be  bound  thereby, 

the  su-  any  thing  in  the  constitution  or  laws  of  any  state  to  the 

oTXfiand.  contrary  notwithstanding. 


Oath  to 

support  the 
constitu- 
tion. 

There 
shall  be  no 
religious 
test 


The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  state  Legislatures,  and 
all  executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  states,  shall  be  bound  by  oath  or  affirm- 
ation, to  support  this  constitution  ;  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 

ARTICLE  VII. 


The  ratification  of  the  conventions  of  nine  states  shall 
be  sufficient  for  the  establishment  of  this  constitution  be- 


When  this 
constitu- 
te effect,  tween  the  states  so  ratifying  the  same. 


Done  in  convention,  by  the  unanimous  consent  of  the 
states  present,  the  seventeenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty-seven,  and  of  the  Independence  of  the 
United  States  of  America  the  twelfth.  In  witness 
whereof  we  have  hereunto  subscribed  our  names. 

GEORGE  WASHINGTON,  President, 

And  Deputy  from  Virginia. 


New-Hampshire. 
John  Langdon, 
Nicholas  Gilman. 

Massachusetts. 
Nathaniel  Gorham. 
Rufus  King. 

Connecticut. 
William  Samuel  Johnson, 
Roger  Sherman. 

New-  York. 
Alexander  Hamilton. 

New-Jersey. 
William  Livingston. 
David  Brearly, 
William  Paterson, 
Jonathan  Day ton. 


Delaware. 
George  Read, 
Gunning  Bedford,  jun, 
John  Dickinson, 
Richard  Basset, 
Jacob  Broom. 

Maryland. 
James  M  Henry, 
Dan'l  of  St.  Thos.  Jenifer. 
Daniel  Carroll. 

Virginia. 
John  Blair, 
James  Madison,  jun. 

North-Carolina. 
Wil     m  Blount, 
Richard  Dobbs  Spaight, 
Hugh  Williamson. 


THE  UNITED  STATES.  £fl 

Pennsylvania.  South-  Carolina. 

Benjamin  Franklin,  John  Rutledge. 

Thomas  Mifflin,  Charles  C  Pinckney, 

Robert  Morris,  Charles  Pinckney, 

George  Clymer,  Pierce  Butler. 
Thomas  Fitzsimons,  Georgia. 

Jared  Ingersol,  William  Few, 

James  Wilson,  Abraham  Baldwin. 
Governeur  Morris. 

Attest, 

WILLIAM  JACKSON, 

Secretary, 


IN  CONVENTION, 

Monday,  September  11th,  1787. 

Present — The  states  of  New-Hampshire,  Massachu- 
setts, Connecticut,  Mr.  Hamilton  from  New-York, 
New-Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
ginia, North-Carolina,  South-Carolina  and  Georgia. 

Resolved, 

THAT  the  preceding  Constitution  be  laid  before  the 
United  States  in  Congress  assembled,  and  that  it  is  the 
opinion  of  this  Convention,  that  it  should  afterwards  be 
submitted  to  a  Convention  of  Delegates,  chosen  in  each 
state  by  the  people  thereof,  under  the  recommendation  of 
its  Legislature,  for  their  assent  and  ratification;  and  that 
each  convention,  assenting  to,  and  ratifying  the  same, 
should  give  notice  thereof  to  the  United  States,  in  Con- 
gress assembled. 

Resolved,  that  it  is  the  opinion  of  this  Convention, 
that  as  soon  as  the  Conventions  of  nine  states  shall  have 
ratified  this  Constitution,  the  United  States  in  Congress 
assembled  should  fix  a  day  on  which  electors  should  be 
appointed  by  the  states  which  shall  have  ratified  the  same, 
and  a  d;iy  on  which  the  electors  should  assemble  to  vote 
for  the  President,  and  the  time  and  place  for  commencing 
proceedings   under  this  Constitution  :  That  after  such 


I 


24  CONSTITUTION  OF 

publication  the  electors  should  be  appointed,  and  the  Se- 
nators and  Representatives  elected  :  That  the  electors 
should  meet  on  the  da>  fixed  for  the  election  of  the  Presi- 
dent, and  should  transmit  their  votes,  certified,  signed, 
sealed  and  directed,  as  the  Constitution  requires,  to  the 
Secretary  of  the  United  States,  in  Congress  assembled; 
that  the  Senators  and  Representatives  should  convene  at 
the  time  and  place  assigned  ;  that  the  Senators  should  ap- 
point a  President  of  the  Senate,  for  the  sole  purpose  of  re- 
ceiving, opening  and  counting  the  votes  for  President; 
and,  that  after  he  shall  be  chosen,  the  Congress,  together 
with  the  President,  should,  without  delay,  proceed  to  ex- 
ecute this  Constitution.  4 

By  the  unanimous  order  of  the  Convention; 

GEORGE  WASHINGTON,  President 

W.  Jackson,  Secretary. 


IN  CONVENTION, 

September  17th,  1781 
Sir, 

WE  have  now  the  honor  to  submit  to  the  considera- 
tion of  the  United  States  in  Congress  assembled,  that 
Constitution  which  has  appeared  to  us  the  most  ad  vise- 
able. 

The  friends  of  our  country  have  long  seen  and  desired, 
that  the  power  of  making  war,  peace  and  treaties,  that  of 
levying  money,  and  regulating  commerce,  and  the  corres- 
pondent executive  and  judicial  authorities,  should  be  ful- 
ly and  effectually  vested  in  the  general  government  of  the 
Union  :  But  the  impropriety  of  delegating  such  exten- 
sive trust  to  one  body  of  men,  is  evident — Hence  results 
the  necessity  of  a  different  organization. 

It  is  obviously  impracticable  in  the  federal  government 
of  these  states,  to  secure  all  rights  of  independent  sove- 
reignty to  each,  and  yet  provide  for  the  interest  and  safe- 
ty of  all — Individuals  entering  into  society  must  give  up  a 
share  of  liberty  to  preserve  the  rest.  The  magnitude  of 
the  sacrifice  must  depend  as  well  on  situation  and  cir- 
cumstance, as  on  the  object  to  be  obtained.     It  is  at  all 


THE  UNITED  STATES.  25 

nines  difficult  to  draw  with  precision  the  line  between 
those  rights  which  must  be  surrendered,  and  those  which 
may  be  reserved  ;  and  on  the  present  occasion  this  diffi- 
culty was  increased  by  a  difference  among  the  several 
states  as  to  their  situation,  extent,  habits,  and  particular 
interests. 

In  all  our  deliberations  on  this  subject,  we  kept  stea- 
dily in  our  view,  that  which  appears  to  us  the  greatest  in- 
terest of  every  true  American,  the  consolidation  of  our 
union,  in  which  is  involved  our  prosperity,  felicity,  safety, 
perhaps  our  national  existence.  This  important  conside- 
ration, seriously  and  deeply  impressed  in  our  minds,  led 
each  state  in  the  Convention  to  be  less  rigid  on  points 
of  inferior  magnitude,  than  might  have  been  otherwise 
expected  j  and  thus  the  Constitution,  which  we  now  pre- 

it,  is  the  result  of  a  spirit  of  amity,  and  of  that,  mutual 
deference  and  concession  which  the  peculiarity  of  our  po- 
litical situation  rendered  indispensable. 

That  it  will  meet  the  full  and  entire  approbation  of  eve- 
ry state,  is  not,  perhaps  to  be  expected  ;  but  each  will 
doubtless  consider,  that  had  her  interest  been  alone  con- 
sulted, the  consequences  might  haVe  been  particularly 
disagreeable  or  injurious  to  others :  that  it  is  liable  to  as 
few  exceptions  as  could  reasonably  have  been  expected; 
we  hope  and  believe  ;  that  it  may  promote  the  lasting 
welfare  of  that  country  so  dear  to  us  all,  and  secure  her 
freedom  and  happiness,  is  our  most  ardent  wish.  With 
gjreat  respect,  we  have  the  honor  to  be,  Sir,  your  ex- 
cellency's most  obedient  and  humble  servants, 

GEO.  WASHINGTON,  President. 

By  unanimous  order  of  the  Convention. 

His  Excellency  the  Pre-  \ 
rident  of  Cnnarcss.      S 


D 


26  CONSTITUTION  OF 

THE  UNITED  STATES  IN  CONGRESS  ASSEMBLED. 

Friday,  September  28th,  1787. 

Present — New-Hampshire,  Massachusetts,  Connecticut, 
New- York,  New- Jersey,  Pennsylvania,  Delaware,  Vir- 
ginia, North-Carolina,  South-Carolina  and  Georgia, 
and  from  Maryland,  Mr.  Ross. 

Congress  having  received  the  report  of  the  Convention 
lately  assembled  in  Philadelphia. 

Resolved  unanimously, 

THAT  the  said  report,  with  the  resolutions  and  letter 
accompanying  the  same,  be  transmitted  to  the  several  le- 
gislatures, in  order  to  be  submitted  to  a  convention  of 
Delegates,  chosen  in  each  state  by  the  people  thereof,  in 
conformity  to  the  resolves  of  the  Convention,  made  and 
provided  in  that  case. 

CHARLES  THOMSON,  Secretary. 


CONGRESS  OF  THE  UNITED   STATES, 

Begun  and  held  at  the  City  of  New-York,  on  Wednesday 
the  fourth  of  March,  one  thousand  seven  hundred  and 
eighty-nine. 


The  Conventions  of  a  number  of  States,  having,  at  the 
time  of  their  adopting  the  Constitution,  expressed  a 
desire,  in  order  to  prevent  misconstruction  or  abuse  of 
its  powers,  that  further  declaratory  and  restrictive  clau- 
ses should  be  added  :  And,  as  extending  the  ground  of 
public  confidence  in  the  government,  will  best  insure 
the  beneficent  ends  of  its  institution  : 

RESOLVED  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America,  in  Congress 
assembled,  two-thirds  of  both  Houses  concurring,  That  the 
following  articles  be  proposed  to  the  Legislatures  of  thf 


THE  UNITED  STATES.  2' 

several  States,  as  amendments  to  the  Constitution  of  the 
United  States,  all  or  any  of  which  articles,  when  ratified 
by  three-fourths  of  the  said  Legislatures,  to  be  valid  to 
all  intents  and  purposes,  as  part  of  the  said  constitution ; 
viz  : 

Articles  in  addition  to,  and  amendment  of,  the  Constitu- 
tion of  the  United  States  of  America,  proposed  by  Con- 
gress, and  ratified  by  the  Legislatures  of  the  several 
States,  pursuant  to  the  fifth  article  of  the  original  Con- 
stitution. 

ARTICLE  I. 

AFTER  the  first  enumeration  required  by  the  first  ai-  oi  repre- 
ticle  of  the  Constitution,  there  shall  be  one  representa-    <>ntatl0n- 
tive  for  every   thirty   thousand,   until  the  number  shall 
amount  to  one  hundred,  after  which  the  proportion  shall 
be  so  regulated  by  Congress,  that  there  shall  be  not  less   [Notadop- 
than   one   hundred   representatives,    nor    less  than    one  constitu- 
representative   for  every   forty  thousand    persons,  until   tionai 
the  number  of  representatives  shall  amount  to  two  nun-   n«i»ber  of 
dred  ;  after  which  the  proportion  shall  be  so  regulated  by 
Congress,  that  there  shall  be  not  less  than  two  hundred 
representatives,  nor  more  than  one  representative  for  eve- 
ry fifty  thousand  persons. 

ARTICLE  II. 

t  0f  the 
No  law  varying  the  compensation  for  the  services  o1  compensa- 

the  Senators  and  Representatives,  shall  take  effect,  miti*  tl°"  °J 

,  -.  r  .  iiii  •  members 

an  election  of  representatives  shall  have  intervened.  0f  Con. 


rress. 

ARTICLE  III.  [Not  a- 

doptecl.j 
Of  reli- 
gious os- 


Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof;  tabli 


ments, 
freedom 


or  abridging  the  freedom  of  speech,  or  of  the  press  ;  or 

the  right  of  the  people  peaceably  to  assemble,  and  to  pe-  ^ '\"™' 

tition  the  government  for  a  redress  of  grievances.  press,  &c. 

[This  and 

ARTir'T  V    IV  thcreniain- 

AlillUL.lL.    IV.  ing  articles 

adopted.] 

A  well  regulated  militia  being  necessary  to  the  security  Of  the  Mi 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear  |",l1e'ar'sl" 
arms  shall  not  be  infringed.  arm* 


2S 


CONSTITUTION  OF 


Quartering 

soldiers. 


JSo  m>'.  c;t 
sonab'le 
searches  or 
seizures  to 
be  made. 
How  war- 
rants to 


Criminal 
prosecu- 
tions, tiovv 
f  o  be  con- 
ducted, &.C 

Private 
property 
not  to  be 
taken  for 
public 
use,  with- 
out'just 
compensa- 
tion. 


ARTICLE  V. 

No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house,  without  the  consent  of  the  owner  ;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  VL 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue,  but  upon  probable  cause,  supported  by  oath  or  affir- 
mation, and  particularly  describing  the  place  to  be  search- 
ed, and  the  persons  or  things  to  be  seized. 

ARTICLE  VII. 

No  person  shall  be  held  to  answer  for  a  capital  or  other" 
wise  infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service  in 
time  of  war  or  public  clanger  ;  nor  shall  any  person  be 
subject  for  the  same  offeuce  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  shall  be  compelled,  in  any  criminal 
case,  to  be  witness  against  himself,  nor  be  deprived  of 
life,  liberty,  or  property,  without  due  process  of  law;  nor 
shall  private  property  be  taken  for  public  use  without 
just  compensatioi 

ARTICLE  VIII. 


■witnes 
ses — 
conhse] 


Trial  by  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 

minViVo-  r*Snt  to  a  sPee0"y  a,,d  public  trial,  by  an  impartial  jury  of 
secution  the  state  and  district  wherein  the  crime  shall  have  been 
secured,--  committed,  which  district  shall  have  been  previously  as- 
certamed  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation  ;  to  be  confronted  with  the  wit- 
nesses against  him  ;  to  have  compulsory  process  for  ob- 
taining witnesses  in  his  favor,  and  to  have  the  assistance 
of  counsel  for  his  defence. 

ARTICLE  IX. 

Also  in  ci-        In  suits  at  common  law,  where  the  value  in  controver- 
vii  case,  at  sv  9hall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved,  and  no  fact,  tried  by  a  jury,  shall  be 
otherwise  re-examined  in  any  court  of  the  United  States, 
than  according  to  the  rules  of  the  common  law. 


i.'Cinunon 
law 


THE  UNITED  STATES.  29 

ARTICLE  X. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  oft|aii, 

i  11  i*i  •    J'        j  punish- 

lmpos^d,  nor  cruel  and  unusual  punishments  inflicted.       ments  &c. 

ARTICLE  XL 

The  enumeration  in  the  Constitution,  of  certain  rights,  ?i.ght?  *'e* 

.         taineri  by 

shall  not  be  construed  to  deny  or  disparage  others  retain-  the  Peo- 
ed  by  the  people.  p'e- 

ARTICLE  XII. 

Powers 

The  powers  not  delegated  to  the  United  States  by  the  ™steh™ed 
Constitution,  nor  prohibited  by  it  to  the  states,  are  re-  states  or 
•  ed  to  the  states  respectively,  or  to  the  people.  the  people, 

ARTICLE  XIII. 

THIRD  CONGRESS  OF  THE  UNITED  STATES, 

.'It  the  second  session,  begun  and  held  at  the  city  of  Phila- 
delphia, in  the  state  of  Pennsylvania,  on  Monday  the 
ond  of  December,  1793. 

RESOLVED  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America,  in  Congress 
assembled,  tivo  thirds  of  both  Houses  concurring,  That  the 
following  article  be  proposed  to  the  legislatures  of  the 
severall  states,  as  an  amendment  to  the  Constitution  of 
the  United  States  ;  which  when.ratified  by  three-fourths  of 
the  said  legislatures,  shall  be  valid  as  part  of  the  saidCon- 
stiution,  viz  : 

The  judicial  power  of  the  United  States  shall  not  be  oftiiesr.. 
construed  to  extend  to  any  suit  in  law  or  equity,  com-  ability  of 
menced  or  prosecuted  against  one  of  the  United  Sates  by 
citizens  of  another  state,  or  by  citizens  or  subjects  of  any 
foreign  state.   ' 

FREDERICK  AUGUSTUS  MUHLENBERG. 

Speaker  of  the  House  of  Representatives. 

JOHN  ADAMS, 
Vice  President  of  the  United  States,  and 
President  of  the  Senate. 
\'rest, 

JOHN  BECKLEY, 

Clerk  of  the  House  of  Representatives. 
SAW.  A.  OTIS, 

^prrt-tary  of  the  Senate, 


states . 


90  CONSTITUTION  OF 

ARTICLE  XIV. 
AMENDMENT 

TO    THE 

CONSTITUTION  OF  THE  UNITED  STATES. 

As  ratified  by  the  constitutional  number  of  the  legislatures 
of  the  several  slates,  in  the  year  one  thousand  eight 
hundred  and  four. 

EIGHTH  CONGRESS  OF  THE  UNITED  STATES, 

.It  the  first  session,  begun  and  held  at  the  city  of  Washing- 
ton,  in  the  territory  of  Columbia,  on  Monday,  the  seven- 
teenth of  October,  one  thousand  eight  hundred  and  three. 

RESOLVED  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America,  in  Congress  assem- 
bled, two  thirds  of  both  Houses  concurring,  That  in  lieu 
of  the  third  paragraph  of  the  first  section  of  the  second 
article  of  the  constitution  of  the  United  States,  the  fol- 
lowing be  proposed  as  an  amendment  to  the  constitution 
of  the  United  States,  which  when  ratified  by  three 
fourths  of  the  legislatures  of  the  several  states,  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  the  said  con- 
stitution, to  wit : 

Manner  of  The  electors  shall  meet  in  their  respective  states,  and 
electing  vote  by  ballot  for  President  and  Vice  President,  one  of 
TnTvicc-  wnom»  at  least,  shall  not  be  an  inhabitant  of  the  same  state 
President,  with  themselves  ;  they  shall  name  in  their  ballots  the  per- 
son voted  for  as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President,  and  they  shall  make  dis- 
tinct lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate ;  the 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates 
and  the  votes  shall  then  be  counted  ;  The  person  having 
the  greatest  number  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  no  person  have  such  ma- 
jority, then  from  the  persons  having  the  highest  number, 
not  exceeding  three  on  the  list  of  those  voted  for  as  Pre- 


THE  UNITED  STATES.  3) 

sident,  the  House  of  Represensatives  shall  choose  imme- 
diately, by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  states,  the  represen- 
tation fi  om  each  state  having  one  vote  ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  states,  and  a  majority  of  all  the  states  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Repre- 
sentatives shall  not  choose  a  President  whenever  the  right 
of  choice  shall  devolve  upon  them,  before  the  fourth  day 
of  March  next  following,  then  the  Vice-President  shall 
act  as  President,  as  in  the  case  of  the  death  or  other  con- 
stitutional disability  of  the  President. 

The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice  President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  appoint- 
ed, and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President;  a  quorum  for  the  purpose  shall  consist 
of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States.* 

Attest, 

JOHN  BECKLEY, 

Clerk  to  the  House  of  Representa- 
tives of  the  U.  States* 

SAM  :  A.  OTIS, 

Secretary  to  the  Senate  of  the  United  States. 

For  Laws  of  Congress  relative  to  the  election  of  President  and 
Vi.  i  -President,  see  Acts  of  1st  Session  of  2d  Congress,  vol.  2,  pa.  22- 
and  Acts  of  1st  Session  of  8th  Congress,  vol.  7,  pa.  142. 


33       DECLARATION  OF  INDEPENDENCE. 

In  CONGRESS,  July  4,  1776. 

WHEN  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political  bands 
which  have  connected  them  with  another,  and  to  assume, 
among  the  powers  of  the  earth,  the  seperate  and  equal 
station  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind 
requires  that  they  should  declare  the  causes  which  impel 
them  to  the  separation. 

We  hold  these  truths  to  be  self  evident;  that  all  men 
are  created  equal;  that  they  are  endowed,  by  their  Cre- 
ator, with  certain  unalienable  rights;  that  among  these 
are  life,  liberty,  and  the  pursuit  of  happiness. — That  to 
secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed ;  that  whenever  any  form  of  government  be- 
comes destructive  of  these  ends,  it  is  the  right  of  the  peo- 
ple to  alter  or  to  abolish  it,  and  to  institute  new  govern- 
ment, laying  its  foundation  on  such  principles,  and  organ- 
ising its  powers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness.  Pru- 
dence, indeed,  will  dictate,  that  governments  long  es- 
tablished, should  not  be  changed  for  light  and  transient 
causes;  and  accordingly  all  experience  hath  shewn,  that 
mankind  are  more  disposed  to  suffer,  while  evils  are 
sufferable,  than  to  right  themselves  by  abolishing  the 
forms  to  which  they  are  accustomed.  But  when  a  long 
train  of  abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under  ab- 
solute despotism,  it  is  their  right,  it  is  their  duty,  to  throw 
off  such  government,  and  to  provide  new  guards  for  their 
future  security.  Such  has  been  the  patient  sufferance  of 
these  colonies ;  and  such  is  now  the  necessity  which  con- 
strains them  to  alter  their  former  systems  of  government. 
The  history  of  the  present  King  of  Great-Britain,  is  a 
history  of  repeated  injuries  and  usurpations,  all  having  in 
direct  object  the  establishment  of  an  absolute  tyranny 
over  these  states.  To  prove  this,  let  facts  be  submitted  to 
a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immev 


DECLARATION  OF  INDEPENDENCE.  38 

diate  and  pressing  importance,  unless  suspended  in  then- 
operation  till  his  assent  should  be  obtained  ;  and  when  so 
suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommoda- 
tion of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  representation  in  the  legis- 
lature ;  a  right  inestimable  to  them,  and  formidable  to 
tyrants  only.  He  has  called  together  legislative  bodies 
at  places  unusual,  uncomfortable,  and  distant  from  the 
depository  of  their  public  records,  for  the  sole  purpose  of 
fatiguiug  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for 
opposing  with  manly  firmness,  his  invasions  on  the  rights 
of  the  people. 

He  has  refused  for  a  long  time,  after  such  dissolutions, 
to  cause  others  to  be  elected  ;  whereby  the  legislative 
powers,  incapable  of  annihilation,  have  returned  to  the 
people  at  large  for  their  exercise  ;  the  state  remaining,  in 
the  mean  time,  exposed  to  all  the  dangers  of  invasion 
from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
states ;  for  that  purpose  obstructing  the  laws  for  naturali- 
zation of  foreigners  ;  refusing  to  pass  others  to  encour- 
age their  migrations  hither,  and  raising  the  conditions 
of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  re- 
fusing his  assent  to  laws  for  establishing  judiciary  pow- 
ers. 

He  has  made  judges  dependent  on  his  will  alone,  for 
the  tenure  of  their  offices,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hi- 
ther swarms  of  officers,  to  harrass  our  people  and  eat  out 
their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  ar- 
mies, without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  oi. 
and  superior  to  the  civil  power. 

E 


/ 


34  DECLARATION  OF  INDEPENDENCE. 

He  has  combined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws  ;  giving  his  assent  to  their  acts  of  pretended 
legislation  : 

For  quartering  large  bodies  of  armed  troops  among 

us  : 

For  protecting  them,  by  a  mock  trial,  from  punish- 
ment for  any  murders  which  they  should  commit  on  the 
inhabitants  of  these  states  : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  the 
trial  by  jury  : 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offences : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  ren- 
der it  at  once  an  example  and  fit  instrument  for  introduc- 
ing the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  va- 
luable laws,  and  altering  fundamentally  the  forms  of  our 
governments  : 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
rases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
our  towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  ol  death,  desolation, 
and  tyranny  already  begun  with  circumstances  of  cruel- 
ty and  perfidy,  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  na- 
tion. 


DECLARATION  OF  INDEPENDENCE.        35 

He  lias  constrained  our  fellow  citizens,  taken  captive 
on  the  high  seas,  to  bear  arms  against  heir  country,  to 
become  the  executioners  of  their  friends  and  brethren,  or 
to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrection  amongst  us,  and 
has  endeavored  tobringonthe  inhabitantsof  ourfrontiers, 
the  merciless  Indian  savages,  whose  known  rule  of  war- 
fare is  an  undistinguished  destruction  of  all  ages;  sexes 
and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned 
for  redress  in  the  most  humble  terms :  Our  repeated  pe- 
titions have  been  answered  only  by  repeated  injury.  A 
prince,  whose  character  is  thus  marked  by  every  act  which 
may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free  peo- 
ple. 

Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them,  from  time  to  time, 
of  attempts  by  their  legislature  to  extend  an  unwarranta- 
ble jurisdiction  over  us.  We  have  reminded  them  of  the 
circumstances  of  our  emigration  and  settlement  here. — 
We  have  appealed  to  their  native  justice  and  magnanimi- 
ty, and  we  have  conjured  them  by  the  ties  of  our  common 
kindred,  to  disavow  these  usurpations,  which  would  ine- 
vitably interrupt  our  connexions  and  correspondence. 
They  too  have  been  deaf  to  the  voice  of  justice  and  of 
consanguinity.  We  must,  therefore,  acquiesce  in  the  ne- 
cessity which  denounces  our  separation,  and  hold  them, 
as  we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace 
friends. 

We,  therefore,  the  representatives  of  the  United  States 
of  America,  in  general  Congress  assembled,  appealing  to 
the  Supreme  Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do,  in  the  name,  and  by  authority  of  the 
good  people  of  these  colonies,  solemnly  publish  and  de- 
clare, That  these  United  Colonies  arc,  and  of  right 
ought  to  be,  Free  and  Independent  States;  that  they  arc 
absolved  from  all  allegiance  to  the  British  Crown,  am! 
that  all  political  connexion  between  them  and  the  state 
of  Great-Britain,  is,  and  ought  to  be,  totally  dissolved  ; 
and  that  as  Free  and  Independent  States,  they  have  full 
power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  to  do  all  other  acts  and  things 
which  Independent  States  may  of  right  do.      And  for  the 


&> 


DECLARATION  OF  INDEPENDENCE. 


support  of  this  declaration,  with  a  firm  reliance  on  the 
protection  of  Divine  Providence,  we  mutually  pledge  to 
each  other,  our  lives,  our  fortunes,  and  our  sacred  ho- 
nor. 

Signed  by  order  and  in  behalf  of  the  Congress, 

JOHN  HANCOCK,  President. 
Attested, 

CHARLES  THOMSON,  Secretary. 


New -Hampshire. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Massachusetts-Bay. 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Rhode-Island,  fyc. 
Stephen  Hopkins, 
William  Ellery. 

Connecticut. 
Roger  Sherman. 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 

New-  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New-Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson. 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
G?or;ie  Clvmer. 


James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 
Caesar  Rodney, 
Thomas  M'Kean; 
George  Read. 

Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone,  [ton. 

Charles  Carroll,  of  Carroll- 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North-  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Perm. 

South-Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  Jun. 
Thomas  Lynch,  Jun. 
Arthur  Middleton. 

Georgia. 
Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


ARTICLES  OF  CONFEDERATION.  37 

In  CONGRESS,  July  9,  1778. 


OF 

CONFEDERATION  AND  PERPETUAL  UNION 

BETWEEN 

The  States  of  Mew- Hampshire,  Massachusetts- Bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut,  Mew- 
York,  Mew-Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  Morth-  Carolina,  South  Carolina  and  Georgia. 

ARTICLE  I. 

THE  stile  of  this  confederacy  shall  be,  "  The  United 
States  of  America." 

ARTICLE  II. 

Each  state  retains  its  sovereignty,  freedom,  and  inde- 
pendence, and  every  powerjurisdiction,  and  right,  which 
is  not  by  this  confederation  expressly  delegated  to  the 
United  States  in  Congress  assembled. 

ARTICLE  III. 

The  said  states  hereby  severally  enter  into  a  firm  league 
of  friendship  with  each  other,  for  their  common  defence, 
the  security  of  their  liberties,  and  their  mutual  and  gene- 
ral welfare^  binding  themselves  to  assist  each  other  against 
all  force  offered  to,  or  attacks  made  upon  them,  or  any  of 
them,  on  account  of  religion,  sovereignty,  trade,  or  any 
other  pretence  whatever. 


ARTICLE  IV. 


■JW 


Sec.  1.  The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different 
states  in  this  union,  the  free  inhabitants  of  each  of  these 
states,  paupers,  vagabonds  and  fugitives  from  justice  ex- 
cepted, shall  be  entitled  to  all  privileges  and  immuni- 
ties of  free  citizens  in  the  several  states ;  and  the  people 
of  each  state  shall  have  free  ingress  and  regress  to  and 
from  any  other  state,  and  shall  enjoy  therein  all  the  pri- 
vileges of  trade  and  commerce,  subject  to  the  same  du- 


3S  ARTICLES  OF  CONFEDERATION. 

ties,  impositions,  and  restrictions,  as  the  inhabitants  there- 
of respectively;  provided,  that  such  restrictions  shall  not 
extend  so  far  as  to  prevent  the  removal  of  property  im- 
ported into  any  state  to  any  other  state  of  which  the  own- 
er is  an  inhabitant ;  provided  also,  that  no  impositions, 
duties,  or  restrictions,  shall  be  laid  by  any  state  on  the 
property  of  the  United  States,  or  either  of  them. 

Sec.  2.  If  any  person  guilty  of  or  charged  with  treason, 
felonv,  or  other  high  misdemeanor  in  any  state,  shall  flee 
from  justice,  and  be  found  in  any  of  the  United  States,  he 
shall,  upon  demand  of  the  governor  or  executive  power 
of  the  state  from  which  he  fled,  be  delivered  up  and  re- 
moved to  the  state  having  jurisdiction  of  his  offence. 

Sec.  3.  Full  faith  and  credit  shall  be  given  in  each  ot 
these  states,  to  the  records,  acts,  and  judicial  proceedings 
of  the  courts  and  magistrates  of  every  other  state. 

ARTICLE  V. 

Sec.  1.  For  the  more  convenient  management  of  the 
general  interests  of  the  United  States,  delegates  shall  be 
annually  appointed  in  such  manner  as  the  Legislature  ot* 
each  state  shall  direct,  to  meet  in  congress  on  the  first 
Monday  in  November  in  every  year,  with  a  power  reserv- 
ed to  each  stale  to  recall  its  delegates,  or  any  of  them,  at 
any  time  within  the  year  and  to  send  others  in  their  stead, 
for  the  remainder  of  the  year. 

Sec.  %  No  state  shall  be  represented  in  Congress  by 
less  than  two,  nor  more  than  seven  members ;  and  no  per- 
son shall  be  capable  of  being  a  delegate  for  more  than 
three  years,  in  any  term  of  six  years  ;  nor  shall  any  per- 
son, being  a  delegate,  be  capable  of  holding  any  office 
under  the  United  States,  for  which  he,  or  any  other  for 
his  benefit,  receives  any  salary,  fees,  or  emolument,  of 
any  kind. 

Sec.  3.  Each  state  shall  maintain  its  own  delegates  in 
a  meeting  of  the  states,  and  while  they  act  as  members  of 
the  committee  of  the  states. 

Sec.  4.  In  determining  questious  in  the  United  States 
in  Congress  assembled,  each  state  shall  have  one  vote. 

Sec.  5.  Freedom  of  speech  and  debate  in  Congress 
shall  not  be  impeached  or  questioned  in  any  court  or  place 


ARTICLES  OF  CONFEDERATION.  39 

out  of  Congress,  and  the  members  of  Congress  shall  be 
protected  in  their  persons  from  arrests  and  imprisonments 
during  the  time  of  their  going  to  and  from,  and  attendance 
on  Congress,  except  for  treason,  felony,  or  breach  of  the 
peace. 

ARTICLE  VI. 

Sec.  1.  No  state,  without  the  consent  of  the  United 
States  in  Congress  assembled,  shall  send  any  embassy  to, 
or  receive  any  embassy  from,  or  enter  into  any  confer- 
ence, agreement,  alliance,  or  treaty,  with  any  king,  prince, 
or  State ;  nor  shall  any  person  holding  any  office  of  pro- 
fit or  trust  under  the  United  States,  or  any  of  them,  ac- 
cept of  any  present,  emolument,  office,  or  title,  of  any 
kind  whatever,  from  any  king,  prince,  or  foreign  state: 
nor  shall  the  United  States  in  Congress  assembled,  or 
any  of  them,  grant  any  title  of  nobility. 

Sec.  2.  No  two  or  more  states  shall  enter  into  any  trea- 
ty, confederation,  or  alliance  whatever  between  them, 
without  the  consent  of  the  United  States  in  Congress  as- 
sembled, specifying  accurately  the  purposes  for  which  the 
same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

Sec.  3.  No  state  shall  lay  any  imposts  or  duties  which 
ma}'  interfere  with  any  stipulations  in  treaties  entered  in- 
to by  the  United  States  in  Congress  assembled,  with  any 
king,  prince,  or  state,  in  pursuance  of  any  treaties  already 
proposed  by  Congress  to  the  courts  of  France  and  Spain. 

Sec.  4.  No  vessels  of  war  shall  be  kept  upin  time  of  peace 
by  any  state,  except  such  number  only  as  shall  be  deemed 
necessary  by  the  United  States  in  Congress  assembled  for 
the  defence  of  such  state,  or  its  trade ;  nor  shall  any  body 
of  forces  be  kept  up  by  any  slate,  in  time  of  peace,  ex- 
cept such  number  only  as  in  the  judgment  of  the  United 
States  in  Congress  assembled  shall  be  deemed  requisite 
to  garrison  the  forts  necessary  for  the  defence  of  such 
state  ;  but  every  state  shall  always  keep  up  a  well  regula- 
ted and  disciplined  militia,  sufficiently  armed  and  accou- 
tred, and  shall  provide  and  constantly  have  ready  for  use, 
in  public  stores,  a  due  number  of  field- pieces  and  tents, 
and  a  proper  quantity  of  arms,  ammunition,  and  camp 
equipage. 

Sec.  5.  No  stale  shall  engage  in  any  war  withouttheeon- 
ent  of  the  United  States  in  Congress  assembled,  unless 


40  ARTICLES  OF  CONFEDERATION. 

such  state  be  actually  invaded  bv  enemies,  or  shall  have 
received  certain  advice  of  a  resolution  being  formed  by 
some  nation  of  Indians  to  invade  such  state,  and  the  dan- 
ger is  so  imminent  as  not  to  admit  of  a  delay  till  the 
United  States  in  Congress  assembled  can  be  consulted: 
nor  shall  any  state  grant  commissions  to  any  ships  or  ves- 
sels of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  United  States  in  Con- 
gress assembled,  and  then  only  against  the  kingdom  or 
state  and  the  subjects  thereof  against  which  war  has  been 
so  declared,  and  under  such  regulations  as  shall  be  es- 
tablished by  the  United  States  in  Congress  assembled, 
unless  such  state  be  infested  by  pirates,  in  which  case 
vessels  of  war  may  be  fitted  out  for  that  occasion,  and  kept 
so  long  as  the  danger  shall  continue,  or  until  the  United 
States  in  Congress  assembled  shall  determine  other- 
wise. 

ARTICLE  VII. 

When  land  forces  are  raised  by  any  state  for  the  com- 
mon defence,  all  officers  of  or  under  the  rank  of  colonel 
shall  be  appointed  by  the  legislature  of  each  state  respec- 
tively by  whom  such  forces  shall  be  raised,  or  in  such 
manner  as  such  state  shall  direct,  and  all  vacancies  shall 
be  filled  up  by  the  state  which  first  made  the  appoint- 
ment, 

ARTICLE  VIII. 

All  charges  of  war,  and  all  other  expenses  that  shall  be 
incurred  for  the  common  defence  or  general  welfare,  and 
allowed  by  the  United  States  in  Congress  assembled,  shall 
be  defrayed  out  of  a  common  treasury,  which  shall  be 
supplied  by  the  several  states,  in  proportion  to  the  value 
of  all  land  within  each  state,  granted  to  or  surveyed  for 
any  person,  as  such  land  and  the  buildings  and  improve- 
ments thereon  shall  be  estimated,  according  to  such  mode 
as  the  United  States  in  Congress  assembled  shall  from 
time  to  time  direct  and  appoint.  The  taxes  for  paying 
that  proportion  shall  be  laid  and  levied  by  the  authority 
and  direction  of  the  legislatures  of  the  several  states  with- 
in the  time  agreed  upon  by  the  United  States  in  Con- 
gress assembled. 


\RTICLES  OF  CONFEDERATION  41 

ARTICLE  IX. 

Sec.  I.  The  United  States  in  Congress  assembled  shall 
have  the  sole  and  exclusive  right  and  power  of  determin- 
ing on  peace  and  war,  except  in  the  cases  mentioned  in  the 
sixth  article;  of  sending  and  receiving  ambassadors;  en- 
tering into  treaties  and  alliances,  provided  that  no  treaty 
of  commerce  shall  be  made,  whereby  the  legislative  pow- 
er of  the  respective  states  shall  be  restrained  from  impos- 
ing such  imposts  and  duties  on  foreigners,  as  their  own 
people  are  subjected  to,  or  from  prohibiting  the  exporta- 
tion or  importation  of  any  species  of  goods  or  commo- 
dities whatsoever;  of  establishing  rules  for  deciding  in 
all  cases,  what  captures  on  land  or  water  shall  be  legal, 
and  in  what  manner  prizes  taken  by  land  or  naval  forces 
in  the  service  of  the  United  States  shall  be  divided  or  ap- 
propriated ;  of  granting  letters  of  marquje  and  reprisal  in 
times  of  peace;  appointing  courts  for  the  trial  of  piracies 
and  felonies  committed  on  the  high  seas ;  and  establish- 
ing courts  for  receiving  and  determining  finally  appeals  in 
all  cases  of  captures:  provided,  that  no  member  of  Con- 
gress shall  be  appointed  a  judge  of  any  of  the  said  courts. 

Sec.  2.  The  United  States  in  Congress  assembled  shall 
also  be  the  last  resort  on  appeal  in  all  disputes  and  dif- 
ferences now  subsisting,  or  that  hereafter  may  arise  be- 
tween two  or  more  states  concerning  boundary,  jurisdic- 
tion, or  any  other  cause  whatever  ;  which  authority  shall 
always  be  exercised  in  the  manner  following:  Whenever 
the  legislative  or  executive  authority  or  lawful  agent  of  any 
state  in  controversy  with  another,  shall  present  a  petition, 
to  Congress,  stating  the  matter  in  question,  and  praying 
for  a  heating,  notice  thereof  shall  be  given  by  order  of 
Congress  to  the  legislative  or  executive  authority  of  the 
other  state  in  controversy,  and  a  day  assigned  for  the  ap- 
pearance of  the  parties  by  their  lawful  agents,  who  shall 
then  be  directed  to  appoint  by  joint  consent  commission- 
ers or  judges  to  constitute  a  court  for  hearing  and  deter- 
mining the  matter  in  question;  but  if  they  cannot  agree, 
Congress  shall  name  three  persons  out  of  each  of  the  Unit- 
ed States,  and  from  the  list  of  such  persons  each  party 
shall  alternately  strikeout  one,  the  petitioners  beginning, 
until  the  number  shall  be  reduced  to  thirteen;  and  from 
that  number  not  less  than  seven  nor  more  than  nine  names 
as  Congress  shall  direct,  shall  in  the  presence  of  Con- 
iro^  he  drawn  out  by  lot;  and  the  poisons  whose  names 

E 


42  ARTICLES  OF  CONFEDERATION. 

shall  be  so  drawn,  or  any  live  of  them,  shall  be  commis- 
sioners or  judges,  to  hear  and  finally  determine  the  con- 
troversy, so  always  as  that  a  major  part  of  the  judges, 
who  shall  hear  the  cause,  shall  agree  in  the  determination  : 
and  if  either  party  shall  neglect  to  attend  at  the  day  ap- 
pointed, without  shewing  reasons  which  Congress  shall 
judge  sufficient,  or  being  present,  shall  refuse  to  strike, 
the  Congress  shall  proceed  to  nominate  three  persons  out 
of  each  state,  and  the  secretary  of  Congress  shall  strike 
in  behalf  of  such  party  absent  or  refusing;  and  the  judg- 
ment and  sentence  of  the  court  to  be  appointed  in  the 
manner  before  prescribed,  shall  be  final  and  conclusive ; 
and  if  any  of  the  parties  shall  refuse  to  submit  to  the  au- 
thority of  such  court,  or  to  appear  or  defend  their  claim 
or  cause,  the  court  shall  nevertheless  proceed  to  pro- 
nounce sentence,  or  judgment,  which  shall  in  like  man- 
ner be  final  and  decisive;  the  judgment  or  sentence  and 
other  proceedings  being  in  either  case  transmitted  to  Con- 
gress, and  lodged  among  the  acts  of  Congress,  for  the 
security  of  the  parties  concerned :  Provided,  that  every 
commissioner,  before  he  sits  in  judgment,  shall  take  an 
oath,  to  be  administered  by  one  of  the  judges  of  the  su- 
preme or  superior  court  of  the  state  where  the  cause  shall 
be  tried,  "well  and  truly  to  hear  and  determine  the  mat- 
ter in  question,  according  to  the  best  of  his  judgment, 
without  favor,  affection,  or  hope  of  reward  :''  Provided 
also.  That  no  state  shall  be  deprived  of  territory  for  the 
benefit  of  the  United  States. 

tiec.  3.  All  controversies  concerning  the  private  right 
of  soil  claimed  under  different  grants  of  two  or  more 
states,  whose  jurisdictions  as  they  may  respect  such  lands, 
and  the  states  which  passed  such  grants  are  adjusted,  the 
said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement 
of  jurisdiction,  shall  on  the  petition  of  either  party  to  the 
Congress  of  the  United  States,  be  finally  determined,  as 
near  as  may  be,  in  the  same  manner  as  is  before  prescrib- 
ed for  deciding  disputes  respecting  territorial  jurisdiction 
between  different  states. 

Sec.  4.  The  United  States  in  Congress  assembled  shall 
also  have  the  sole  and  exclusive  right  and  power  of  regu- 
lating the  alloy  and  value  of  coin,  struck  by  their  own  au- 
thority, or  by  that  of  the  respective  states;  fixing  the  stan- 
dard of  weights  and  measv"-e«  throughout  the  United 


ARTICLES  OF  CONFEDERATION.  43 

States ;  regulating  the  trade  and  managing  all  affairs  with 
the  Indians,  not  members  of  any  of  the  states ;  provided, 
that  the  legislative  right  of  any  state  within  its  own  limits 
be  not  infringed  or  violated  ;  establishing  and  regulating 
post  offices  from  one  state  to  another,  throughout  all  the 
United  States,  and  exacting  such  postage  on  the  papers 
passing  through  the  same,  as  may  be  requisite  to  defray 
the  expenses  of  the  said  office  ;  appointing  all  officers  of 
the  land  forces  in  the  service  of  the  United  States,  except- 
ing regimental  officers  ;  appointing  all  the  officers  of  the 
naval  forces,  and  commissioning  all  officers  whatever  in 
the  service  of  the  United  States  ;  making  rules  for  the 
government  and  regulation  of  the  said  land  and  naval 
forces,  and  directing  their  operations. 

See,  5.  The  United  States  in  Congress  assembled  shall 
have  authority  to  appoint  a  committee,  to  sit  in  the  recess 
of  Congress,  to  be  denominated,  A  committee  of  the  States, 
and  to  consist  of  one  delegate  from  each  state  ;  and  to 
appoint  such  other  committees  and  civil  officers  as  may 
be  necessary  for  managing  the  general  affairs  of  the  United 
States  under  their  direction  ;  to  appoint  one  of  their  num- 
ber to  preside  ;  provided,  That  no  person  be  allowed  to 
serve  in  the  office  of  President  more  than  one  year  in  any 
term  of  three  years  ;  to  ascertain  the  necessary  sums  of 
money  to  be  raised  for  the  service  of  the  United  States, 
and  to  appropriate  and  apply  the  same  for  defraying  the 
public  expenses  ;  to  borrow  money  or  emit  bills  on  the 
credit  of  the  United  States,  transmitting  every  half  year 
to  the  respective  states  an  account  of  the  sums  of  money 

o  borrowed  or  emitted  j  to  build  and  equip  a  navy ;  to 
agree  upon  the  number  of  land  forces,  and  to  make  requi- 

iiions  from  each  state  for  its  quota,  in  proportion  to  the 
number  of  white  inhabitants  in  such  state,  which  requisi- 
tion shall  be  binding  ;  and  thereupon  the  legislature  of 
each  state  shall  appoint  the  regimental  officers,  raise  the 
men,  and  clothe,  arm  and  equip  them  in  a  soldier-like 
manner,  at  the  expense  of  the  United  States  ;  and  the  of- 
ficers and  men  so  clothed,  armed,  and  equipped,  shall 
march  to  the  place  appointed,  and  within  the  time  agreed 
on  by  the  United  States  in  Congress  assembled  :  but  if 
the  United  Stales  in  Congress  assembled  shall,  on  consi- 
deration of  circumstances,  judge  proper  that  any  state 
should  not  raise  men,  or  should  raise  a  smaller  number 
than  its  quota,  and  that  any  other  state  should  raise  agreat  - 
er  number  of  men  than  the  quota  thereof,  such  extra  num 


44  ARTICLES  OF  CONFEDERATION. 

bet  shall  be  raised,  officered,  clothed,  armed  and  equipped 
in  the  same  manner  as  the  quota  of  such  state,  unless  the 
legislature  of  such  state  shall  judge  that  such  extra  num- 
ber cannot  be  safely  spared  out  of  the  same,  in  which  case 
they  shall  raise,  officer,  clothe,  arm,  and  equip,  as  many 
of  such  extra  number  as  they  judge  can  be  safely  spared  ; 
and  the  officers  and  men  so  clothed,  armed,  and  equipped, 
shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States  in  Congress  assembled. 

Sec.  6.  The  United  States  in  Congress  assembled  shall 
never  engage  in  a  war,  nor  grant  letters  of  marque  and  re- 
prisal in  time  of  peace,  nor  enter  into  any  treaties  or  al- 
liances, nor  coin  money,  nor  regulate  the  value  thereof, 
nor  ascertain  the  sums  and  expenses  necessary  for  the  de- 
fence and  welfare  of  the  United  States,  or  any  of  them, 
nor  emit  bills,  nor  borrow  money  on  the  credit  of  the 
United  States,  nor  appropriate  money,  nor  agree  upon 
the  number  of  vessels  of  war  to  be  built  or  purchased,  or 
the  number  of  land  or  sea  forces  to  be  raised,  nor  ap- 
pointacommanderin  chief  of  the  army  or  navy, unless  nine 
states  assent  to  the  same  :  Nor  shall  a  question  on  any 
other  point,  except  for  adjourning  from  day  to  day,  be 
determined,  unless  by  the  votes  of  a  majority  of  the  Unit- 
ed States  in  Congress  assembled. 

Sec.  7.  The  Congress  of  the  United  Stales  shall  have 
power  to  adjourn  to  any  time  within  the  year,  and  to  any 
place  within  the  United  States,  so  that  no  period  of  ad- 
journment be  for  a  longer  duration  than  the  space  of  six 
•  months,  and  shall  publish  the  journal  of  their  proceed- 
ings monthly,  except  such  parts  thereof  relating  to  trea- 
ties, alliances,  or  military  operations,  as  in  their  judg- 
ment require  secrecy  ;  and  the  yeas  and  nays  of  the  de- 
legates of  each  state,  on  any  question  shall  be  entered 
on  the  journal,  when  it  is  desired  by  any  delegate  ;  and 
the  delegates  of  a  state,  or  any  of  them,  at  his  or  their 
request  shall  be  furnished  with  a  transcript  of  the  said 
journal,  except  such  parts  as  are  above  excepted,  to  lay 
before  the  legislatures  of  the  several  states, 

ARTICLE  X. 

The  committee  of  the  states,  or  any  nine  of  them, 
s>hall  be  authorised  to  execute,  in  the  recess  of  Con- 
gress, t-noh  of  (-he  powers   of  Congress   ;;•=  the  United 


ARTICLES  OF  CONFEDERATION.  4£ 

States  in  Congress  assembled,  by  the  consent  of  nine 
states,  shall  from  time  to  time  think  expedient  to  vest 
them  with;  provided,  that  no  power  be  delegated  to  the 
said  committee,  for  the  exercise  of  which,  by  the  arti- 
cles of  confederation,  the  voice  of  nine  states,  in  the 
Congress  of  the  United  States  assembled,  is  requisite. 

ARTICLE  XI. 

Canada  acceding  to  this  confederation,  and  joining  in 
the  measures  of  the  United  States,  shall  be  admitted  into, 
and  entitled  to  all  the  advantages  of  this  union:  But  no 
other  colony  shall  be  admitted  into  the  same,  unless  such 
admission  be  agreed  to  by  nine  states. 

ARTICLE  XII. 

All  bills  of  credit  emitted,  monies  borrowed,  and  debte 
contracted  by,  or  under  the  authority  of  Congress,  be- 
fore the  assembling  of  the  United  States,  in  pursuance  of 
the  present  confederation,  shall  be  deemed  and  consider- 
ed as  a  charge  against  the  United  States,  for  payment 
and  satisfaction  whereof  the  said  United  States  and  the 
public  faith  are  hereby  solemnly  pledged. 

ARTICLE  XIII. 

Every  state  shall  abide  by  the  determinations  of  the 
United  States  in  Congress  assembled,  on  all  questions 
which  by  this  confederation  are  submitted  to  them.  And 
the  articles  of  this  confederation  shall  be  inviolably  ob- 
ser\ed  by  every  state,  and  the  union  shall  be  perpetual  ; 
nor  shall  any  alteration  at  any  time  hereafter  be  made  in 
any  of  them  ;  unless  such  alteration  be  agreed  to  in  a 
Congress  of  the  United  States,  and  be  afterwards  con- 
firmed by  the  legislatures  of  every  state. 

And  Whereas  it  hath  pleased  the  great  Governor  of  the 
World  to  incline  the  hearts  of  the  legislatures  we  re- 
spectively represent  in  Congress,  to  approve  of,  and  to 
authorise  us  to  ratify  the  said  articles  of  confedera- 
tion and  perpetual  union  :  Know  ye,  that  we  the  un- 
dersigned delegates,  by  virtue  of  the  power  and  au- 
thority to  us  given  for  that  purpose,  do  by  these  pre- 
sents, in  the  name  and  in  behalf  of  our  respective  con- 
stituents, fully  and  entirely  ratify  and  confirm  each 
and  every  of  the  said  articles  of  confederation  and 
perpetual  union  and  all  and  singular  the  matters  and 


46 


ARTICLES  OF  CONFEDERATION. 


things  therein  contained.  And  we  do  further  so- 
mly  plight  and  engage  the  faith  of  our  respective 
constituents,  that  they  shall  abide  by  the  determi- 
nations of  the  United  States  in  Congress  assembled,  in 
all  questions  which  by  the  said  confederation  are  sub- 
mitted to  them;  and  that  the  articles  thereof  shall  be 
inviolably  observed  by  the  states  we  respectively  repre- 
sent ;  and  that  the  union  shall  be  perpetual.  In  witness 
whereof,  we  have  hereunto  set  our  hands  in  Congress. 
DONE  at  Philadelphia  in  the  state  of  Pennsylvania,  the 
9fh  day  of  July,  in  the  year  of  our  Lord,  1778,  and  in 
the  third  year  of  the  Independence  of  America. 


2 


3 


Mew  Hampshire. 
Josiah  Bartlett, 
John  Wentworth,  jun. 

Massachusetts  Bay. 
'John  Hancock, 

•iarriuel  Adams, 

Ei bridge  Gerry, 

Francis  Dana, 

James  Lovell, 

Samuel  Holton. 


Rhode-Island,  fyc. 
C  William  Ellery, 
<  Henry  Merchant, 
(  John  Collins. 

Connecticut. 
/"Roger  Sherman, 
J  Samuel  Huntington, 
4  <(  Oliver  Wolcott, 


I 


Titus  Hosrner, 
\r  Ircrw  Adams. 


New-York. 

( James  Duane, 
J  Francis  Lewis, 
"\  William  Duer, 

l^Govemeur  M 


orris. 


6 


New -Jersey. 
John   Wiiherspoon. 
Nathaniel  Scudder, 


Pennsylvania. 
^Robert  Morris, 
j  Daniel  Roberdeau, 

7  ^  Jona :  Bayard  Smith, 

|  William  Clingan, 
\  Joseph  Read. 
Delaware. 
i  Thomas  M'Kean. 

8  <  John  Dickinson, 

(  Nicholas  Vandyke. 

Maryland, 
C  John  Hanson, 
\  Daniel  Carroll. 

Virginia. 
f  Richard  Henry  Lee, 
j  John  Banister, 
1(W  Thomas  Adams, 
i  John  Harvie, 
^Francis  LightfootLee. 

North-Carolina. 
CJohn  Penn, 
11  <  Cornelius  Harnett, 
(John  Williams. 
South  Carolina. 
Henry  Laurens, 
William  H.  Drayton, 
12<^  John  Mathews,  " 
Richard  Hutson, 
^Thorns 


13 


mas  Hey  ward,  jr. 
Georgia. 
John  Walton, 
ard  Telfair, 
ward  Langworthy. 


C  Johr 
<|  Edw 
f  Edw 


ARTICLES  OF  CONFEDERATION.  47 

The  aforesaid  Articles  of  Confederation  were  finaliy 
ratified  on  the  first  day  of  March,  1781  ;  the  state  of  Ma- 
ryland having,  by  their  Members  in  Congress,  on  that  day 
acceded  thereto,  and  completed  the  same, 


pii^AiBimMi  m  mm'RT^ 


At  a  General  Convention  of  Delegates  and  Repre- 
sentatives from  the  several  Counties  and  Corporations  if 
Virginia,    held  at   the  Capitol,   in  the  City   of  Wn.- 
liamsburgh,  on  Monday,  the  6lh  o/'May,  1776. 

A  Declaration  of  Rights,  made  by  the  Representatives  of 
the  Good  people  of  Virginia,  assembled  in  Jull  and  free 
Convention  /  which  rights  do  pertain  to  them,  and  t/ieir 
posterity  as  the.  basis  and  foundation  of  Government. 

[Agreed  to   nem    con.     June    12th,   1776. — See  Journ. 

Conv.  page  100] 

I.  THAT  all  men  are  by  nature  equally  free  and  m-      Inherent 
dependent,  and  have  certain  inherent  rights,  of„  which,   riS°ts 
when  they  enter  into  a  state  of  society,  they  cannot,  by 

any  compact,  deprive  or  divest  their  posterity ;  namely, 
the  enjoyment  of  life  and  liberty,  with  the  means  of  ac- 
quiring and  possessing  property,  and  pursuing  and  ob- 
taining happiness  and  safety. 

II.  That  all  power  is  vested  in,  and  consequently  de-      Power  oi' 
rived  from,  the  people;  that  Magistrates  are  their  trus-  tlJePeo* 
tees  and  servants,  and  at  all  times  amenable  to  them. 

III.  That  government  is,  or  ought  to  be,  instituted  Of  the  ob- 
for  the  common  benefit,  protection  and  security  of  the  iemmeni' 
people,  nation  or  community.     Of  all  the  various  modes 

and  forms  of  government,  that  is  best,  which  is  capable  ^ll^t  ** 
of  producing  the  greatest  degree  of  happiness  and  safety,  (otm 
and  is  most  effectually  secured  against  the  danger  of  mal- 
administration ;  and  that  when  any  government  shall  bo 
found  inadequate  or  contrary  to  these  purposes,  a  majo- 
rity of  the  community  hath  an  indubitable,  unalienable, 
arid  indefeasible  right  to  reform,  alter,  or  abolish  it.  in 


4S 


DECLARATION  OF  RIGHTS. 


Of  Exclu- 
sive  privi- 

'eg-es. 


Powers  of 
the  go- 
vernment 
to  be  sepa- 
rate and 
distinct. 


Frequent 
elections. 


Qualifica- 
tions of 
electors. 


Security 
of  proper- 
ty. 


Of  sus- 
pending 
laws. 


Criminal 
prosecu- 

tionF. 


Bail,  fines 
&i  punish- 
ments. 


such  manner  as  shall  be  judged  most  conducive  to  the 
public  weal. 

IV.  That  no  man,  or  set  of  men,  are  entitled  to  ex- 
clusive or  separate  emoluments  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services  ;  which 
not  being  descendible,  neither  ought  the  offices  of  Ma- 
gistrate, Legislator,  or  Judge,  to  be  hereditary. 

V.  That  the  Legislative  and  Executive  powers  of 
the  state  should  be  separate  and  distinct  from  the  Judi- 
ciary ;  and  that  the  members  of  the  two  first  may  be  res- 
trained from  oppression,  by  feeling  and  participating  the 
burthens  of  the  people,  they  should  at  fixed  periods,  be 
reduced  to  a  private  station,  return  into  that  body  from 
which  they  were  originally  taken,  and  the  vacancies  be 
supplied  by  frequent,  certain  and  regular  elections,  in 
which  all,  or  au\  part  of  the  former  members,  to  be  again 
eligible  or  ineligible,  as  the  laws  shall  direct. 

VI.  That  elections  of  members  to  serve  as  represen- 
tatives of  the  people,  in  Assembly,  ought  to  be  free;  and 
that  all  men,  having  sufficient  evidence  of  permanent 
common  interest  with,  and  attachment  to,  the  communi- 
ty, have  the  right  of  suffrage,  and  cannot  be  taxed  or  de- 
prived of  their  property  for  public  uses,  without  their  own 
consent,  or  that  of  their  representatives  so  elected,  nor 
bound  by  any  law  to  which  they  have  not,  in  like  manner, 
assented,  for  the  public  good. 

VII.  That  all  power  of  suspending  laws,  or  the  exe- 
cution of  laws,  by  any  authority  without  consent  of  the 
representatives  of  the  people,  is  injurious  to  their  rights, 
and  ought  not  to  be  exercised. 

VIII.  That  in  all  capital  or  criminal  prosecutions, 
a  man  hath  a  right  to  demand  the  cause  and  nature  of  his 
accusation,  to  be  confronted  with  the  accusers  and  wit- 
nesses, to  call  for  evidence  in  his  favor,  and  to  a  speedy 
trial  by  an  impartial  jury  of  his  vicinage,  without  whose 
unanimous  consent  he  cannot  be  found  guilty,  nor  can  he 
be  compelled  to  give  evidence  against  himself;  that  no 
man  be  deprived  of  his  liberty  except  by  the  law  of  the 
land,  or  the  judgment  of  his  peers. 

IX.  That  excessive  bail  ought  not  to  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual  punish- 
ments inflicM. 


DECLARATION  OF  RIGHTS.  4U 


X.  That  general  warrants  whereby  an  officer  or  mes-  Of  general 
sender  may  be  commanded  to  search  suspected  places  warran,s- 
without  evidence  of  a  fact  committed,  or  to  seize  any  per- 
son or  persons  not  named,  or  whose  offence  is  not  parti- 
cularly described  and  supported  by  evidence,  are  grievous 

and  oppressive  and  ought  not  to  be  granted. 

XI.  That  in  controversies  respecting  property,  and  in  Trial  by 
suits  between  man  and  man,  the  ancient  trial  by  jury  is  Jury 
preferable  to  any  other,  and  ought  to  be  held  sacred. 

XII.  That  the  freedom  of  the  press  is  one  of  the  great  freedom 
bulwarks  of  liberty,  and  can  never  be  restrained  but  by 
despotic  governments. 

XIII    That  a  well  regulated  militia,  composed  of  the  Of  the  mi- 
body  of  the  people,  trained  to  arms,  is  the  proper,  natural  litia  aud 
and  safe  defence  of  a  free  state  ;  that  standing  armies,  in 
time  of  peace,  should  be  avoided,  as  dangerous  to  liber- 
ty ;  and  that  in  all  cases,  the  military  should  be  under 
strict  subordination  to,  and  governed  by,  the  civil  power. 

XIV.  That  the  people  have  a  right  to  uniform  govern-  Uniform 
ment ;  and  therefore  that  no  government  separate  from,   govern 
or  independent  of,  the  government  of  Virginia,  ought  to 
be  erected  or  established  within  the  limits  thereof. 


of  the 
press. 


ment. 


XV.  That  no  free  government,  or  the  blessing  of  li-      Funda- 
berty,  can  be  preserved  to  any  people  but  by  a  firm  adhe-  mental 
rence  to  justice,  moderation,  temperance,  frugality,  and  PrinciPe'" 
virtue,  and  by  frequent  recurrence  to  fundamental  prin- 
ciples. 

XVI.  That  religion,  or  the  duty  which  we  owe  to  our  Reunion. 
Creator,  and  the  manner  of  discharging  it,  can  be  direct- 
ed only  by  reason  and  conviction,  not  by  force  or  violence, 

and  therefore  all  men  are  equally  entitled  to  the  free  ex- 
ercise of  religion,  according  to  the  dictates  of  conscience; 
and  that  it  is  the  mutual  duty  of  all  to  practise  Christian 
forbearance,  love,  and  charity,  towards  each  other. 


G 


50 


CONSTITUTION  OF  VIRGINIA. 


The  Constitution  or  Form  of  Government,  agreed  to  and 
resolved  upon  by  the  Delegates  and  Representatives  of 
the  several  Counties  and  Corporations  of  Virginia. 

[Unanimously  adopted,  June  29th,  1776. — See  Journal 
Conv.  page  167.] 


Preamble. 

Enumera- 
ting- in- 
stances of 
roya!  mis- 
.'  nile 


I.  WHEREAS  George  the  third,  King  of  Great  Bri- 
tain and   Ireland,  and   Elector  of   Hanover,   heretofore 
entrusted  with  the  exercise  of  the  kingly  office  in  this 
government,  bath  endeavoured  to  pervert  the  same  into 
a  detestable  and  insupportable  tyranny,  by  putting  his 
negative  on  laws  the  most  wholesome  and  necessary  for 
the  public  good  :  by  denying  his  Governors  permission 
to  pass  laws  of  immediate  and  pressing  importance,  unless 
suspended  in  their  operation  for  his  assent,  and,  when  so 
suspended,  neglecting  to  attend  to  them  for  many  years  : 
By  refusing  to  pass  certain  other  laws,  unless  the  persons 
ro  be  benefited  by  them  would  relinquish  the  inestimable 
right  of  representation  in  the  Legislature  :  By  dissolving 
Legislative  Assemblies  repeatedly  and  continually,  for 
opposing  with  manly  firmness  his  invasions  of  the  rights 
of  the  people  :  When  dissolved,  by  refusing  to  call  others 
for  a  long  space  of  time,  thereby  leaving  the  political  sys- 
tem without  any  Legislative  head  :  By  endeavoring  to 
prevent  the  population  of  our  country,  and,  for  that  pur- 
pose, obstructing  the  laws  for  the  naturalization  of  for- 
eigners :  By  keeping  among  us  in  time  of  peace,  standing 
armies  and  ships  of  war  :  By  affecting  to  render  the  mi- 
litary independent  of,  and  superior  to,  the  civil  power  : 
By  combining  with  others  to  subject  us  to  a  foreign  juris- 
diction, giving  his  assent  to  their  pretended  acts  of  Le- 
gislation :    For  quartering  large  bodies  of  armed  troops 
among  us  :  For  cutting  off  our  trade  with  all  parts  of  the 
world  :  For  imposing  taxes  on  us  without  our  consent : 
For  depriving  us  of  the  benefits  of  the  trial  by  jury  :  For 
transporting  us  beyond  seas,  to  be  tried  for  pretended  of- 
s  fences  :  For  suspending  our  own  Legislatures,  and  de- 
claring themselves  invested  with  power  to  legislate  for  us 
in  all  cases  whatsoever  :  B3'  plundering  our  seas,  ravag- 
ing our  coasts,  burning  our  towns,  and  destroying  the  lives 
of  our  people  :  By  inciting  insurrections  of  our  fellow 
subjects,  with  the  allurements  of  forfeiture  and  confisca- 
tion :  By  prompting  our  negroes  to  rise  in  arms  among 
ns.  those  very  negroes,  w*hom.  by  :in  inhuman  u=p  of  hi* 


CONSTITUTION"  OF  VIRGINIA.  51 

negative,  he  hath   refused   us   permission  to  exclude  by 
law:   By  endeavoring  to  bring  on  the  inhabitants  of  our 
frontiers,  the  merciless  Indian  savages,  whose  known  rub 
of  warfare  is  an  undistinguished  destruction  of  all  ages, 
sexes,    and   conditions  of  existence  :  By  transporting  at 
this  time,  a  large  army  of  foreign  mercenaries,  to  complete; 
the  works  of  death,  desolation,  and  tyranny,  already  be- 
gun with  circumstances  of  cruelty  and  perfidy  unworthy 
the  head  of  a  civilized  nation  :    By  answering  our  repeat- 
ed petitions  for  redress  with  a  repetition  of  injuries;  And 
finally,  by  abandoning  the  helm  of  government,  and  de- 
claring us  out  of  his  allegiance  and  protection.   By  which   Formei 
several  acts  of  misrule,  the  government  of  this  country,  as  ,1ient  ^lS 
formerly  exercised  under  the  crown  of  Great  Britain,  is  solved, 
totally  dissolved. 

,11.  We  therefore,  the  Delegates  and  Representatives  ^IMjth.e), 
°*  the  good  people  of  Virginia,  having  maturely  consider- 
ed the  premises,  and  viewing  with  great  concern  the  de- 
plorable condition  to  which  this  once  happy  country  must 
be  reduced,  unless  some  regular,  adequate  mode  of  civil 
polity  is  speedily  adopted,  and  in  compliance  with  a  re- 
commendation of  the  General  Congress,  do  ordain  and 
declare  the  future  form  of  government  of  Virginia  to  be 
as  followeth : 


III.  The  Legislative,  Executive,    and   Judiciary   de- 


Legrisla- 


partments,  shall  be  separate  and  distinct,  so  that  neither  tivl  Exe- 
exercise  the  powers  properly  belonging  to  the  other  ;  nor  cutive,  &., 
shall  any  person  exercise  the  powers  of  more  than  one  of  Judiciary 
them  at  the   same   time,  except  that  the  Justices  of  the  tvith'an    ' 
county  courts  shall  be  eligible  to  either  House  of  Assem-  exception, 
bly. 

IV.  The  Legislative  shall  be  formed  of  two  distinct  Legisla- 

branches,  who,  together,  shall  be  a  complete  Legislature,   tlv<?  formed 

They  shall  meet  once  or  oftener,  every  year,  and  shall  be   Houses, 

called  the  General  Assembly  of  Virginia.  called  Ge- 

neral As- 

V.  One  of  these  shall  be  called  the  House  of  Delegates,   ^mh\y, 
and  consist  of  two  Representatives  to  be  chosen  for  each  every  yeai 
county,  and  for  the  district  of  West  Augusta,  annually,   once  or  of- 
ofsuch  men   as  actually  reside  in  and  are  freeholders  of  !^"cr'r 
the   same,   or  duly  qualified  according  to  law  ;  and  also   ln(.jn  t), 
one  Delegate  or  Representative  to  be  chosen  annually  for  be  called 
the  city  of  Williamsburg,  and  one  for  the  borough  of  Nor-  thfe^S^'^ 

jrtfei 


bZ 


CONSTITUTION  OF  VIRGINIA, 


members 
of  which, 
how  quali- 
fied, and 
for  what 
places 
chosen. 
"When  a 
corporati- 
on's right 
to  repre- 
sentation 
shall 
cease. 
Of  what 
number  of 
members 
the  other, 
called  the 
Senate, 
shall  con- 
sist,  and 
how  they 
shall  be 
chosen. 


jL-stcli 
house  may 
choose  its 
Speaker  &. 
oflicers,  k. 
issue  writs 
for  supply- 
ing vacan- 
cies. 

Laws  shall 
originate 
in  the 
House  of 
Delegates, 
but,  if  not 
money 
bills,  a- 
mendable 
by  the 
Senate. 


folk,  and  a  Representative  for  each  of  such  other  cities 
and  boroughs  as  may  hereafter  be  allowed  particular  re- 
presentation by  the  Legislature;  but  when  any  city  or  bo- 
rough shall  so  decrease,  as  that  the  number  of  persons 
having  right  of  suffrage  therein  shall  have  been  for  the 
space  of  seven  }7ears  successively  less  than  half  the  num- 
ber of  voters  in  some  one  county  in  Virginia,  such  city 
or  borough  thenceforward  shall  cease  to  send  a  Delegate 
or  Representative  to  the  Assembly. 

VI.  The  other  shall  be  called  the  Senate,  and  consist 
of  twenty-four  members,  of  whom  thirteen  shall  consti*- 
tute  a  House  to  proceed  on  business,  for  whose  election 
the  different  counties  shall  be  divided  into  twenty-four 
districts,  and  each  county  of  the  respective  district,  at  the 
time  of  the  election  of  its  Delegates,  shall  vote  for  one 
Senator,  who  is  actually  a  resident  and  freeholder  within 
the  district,  or  duly  qualified  according  to  law,  and  is  up- 
wards of  twenty-five  years  of  age;  and  the  sheriffs  of  each 
county,  within  five  days  at  farthest  after  the  last  county- 
election  in  the  district,  shall  meet  at  some  convenient 
place,  and,  from  the  poll  so  taken  in  their  respective  coun- 
ties, return  as  a  Senator  the  man  who  shall  have  the  great- 
est number  of  votes  in  the  whole  district.  To  keep  up 
this  Assembly  by  rotation,  the  districts  shall  be  equally  di- 
vided into  four  classes,  and  numbered  by  lot.  At  the  end 
of  one  year  after  the  general  election,  the  six  members, 
elected  by  the  first  division,  shall  be  displaced,  and  the 
a acancies  thereby  occasioned  supplied  from  such  class  or 
division,  by  new  election,  in  the  manner  aforesaid.  This 
rotation  shall  be  applied  to  each  division,  according  to  its 
number,  and  continued  in  due  order  annually. 

VJI.  That  the  right  of  suffrage  in  the  election  ot 
members  of  both  Houses  shall  remain  as  exercised  at  pre- 
sent, and  each  House  shall  choose  its  own  Speaker,  ap- 
point its  own  officers,  settle  its  own  rules  of  proceeding, 
and  direct  writs  of  election  for  supplying  intermediate 
vacancies. 

"V  III.  All  laws  shali  originate  in  the  house  of  Dele- 
gates, to  be  approved  or  rejected  by  the  Senate,  or  to  be 
amended  with  the  consent  of  the  House  of  Delegates, 
except  money  bills,  which  in  no  instance  shall  be  altered 
by  the  Senate,  but  wholly  approved  or  rejected. 


CONSTITUTION   O^    VIRGINIA, 


53 


IX.  A  GOVERNOR,  or  Chief  Magistrate,  shall  be 
chosen  annually,  by  joint  ballot  of  both  Houses,  to  be  ta- 
ken in  each  House  respectively,  deposited  in  the  confer- 
ence room  ;  the  boxes  examined  jointly  by  a  Committee 
of  each  House  ;  and  the  numbers  severally  reported  to 
them,  that  the  appointments  may  be  entered  (which  shall 
be  the  mode  of  taking  the  joint  ballot  of  both  Houses  in 
all  cases)  who  shall  not  continue  in  that  office  longer  than 
three  years  successively,  nor  be  eligible  until  the  expira- 
tion of  four  year?  after  he  shall  have  been  out  of  that  office. 
An  adequate,  but  moderate  salary,  shall  be  settled  on  him 
during  his  continuance  in  office;  and  he  shall,  with  the 
advice  of  a  Council  of  State,  exercise  the  executive  pow- 
ers of  government  according  to  the  laws  of  this  common- 
wealth; and  shall  not,  under  any  pretence,  exercise  any 
power  or  prerogative  by  virtue  of  any  law,  statute,  or  cus- 
tom of  England:  but  he  shall,  with  the  advice  of  the 
Conned  of  State,  have  the  power  of  granting  reprieves  or 
pardons,  except   where  the  prosecution  shall  have  been 
carried  on  by  the  House  of  Delegates,  or  the   law   shall 
otherwise  particularly  direct;  in  which  cases,  no  reprieve 
or  pardon  shall  be  granted,  but  by  resolve  of  the  House 
of  Delegates. 

X.  Either  House  of  the  General  Assembly  may  ad- 
journ themselves  respectively.  The  Governor  shall  not 
prorogue  or  adjourn  the  Assembly  during  their  sitting, 
nor  dissolve  them  at  any  time;  but  he  shall,  if  necessary, 
either  by  advice  of  the  Council  of  State,  or  on  application 
of  a  majority  of  the  House  of  Delegates,  call  them  before 
the  time  to  which  they  shall  stand  prorogued  or  adjourn- 
ed. 

XI.  A  Privy  Council  or  Council  of  State,  consisting 
of  eight  members,  shall  be  chosen  by  joint  ballot  of  both 
Houses  of  assembly,  either  from  their  own  members  or 
the  people  at  large,  to  assist  in  the  administration  of  go- 
vernment. They  shall  annually  choose  out  of  their  own 
members  a  President,  who,  in  case  of  the  death,  inability, 
or  necessary  absence  of  the  Governor  from  the  govern- 
ment, shall  act  as  Lieutenant  Governor.  Four  members 
shall  be  sufficient  to  act,  and  their  advice  and  proceedings 
shall  be  entered  of  record,  and  signed  by  the  members 
present  (to  any  part  whereof  any  member  may  enter  his 
dissent)  to  be  laid  before  the  General  Assembly,  when 
called  for  by  them.     This  Council  may  appoint  their  own 


Governor, 
how  cho- 
sen ;  me- 
thod of 
balloting 
in  this  and 
other 

cases  ;  his 
salary  and 
powers ; 
restrained 
from 
granting" 
reprieves 
or  pardons 
in  certain 
cases. 


When  he 
may  con- 
voke the 
General 
Assembly. 


Privy 
Council, 
number 
of:  their 
duty, 
power, 
and  time 
of  continu- 
ance in  of- 
fice. 


54 


CONSTITUTION  OF  VIRGINIA. 


Delegates 
to  Con- 
gress, how 
chosen. 

Military 
regula- 
tions. 


Courts  of 
Appeals. 
General, 
of  Equity, 
and  Admi- 
ralty, judg- 
es of;  Se- 
cretary 
and  Attor- 
ney Gene- 
ral, how 
appointed, 
salaries  of ; 
excluded 
with  some 
others, 
f.  "in 

the  Legis- 
lative and 
Executive. 

Counties, 
Justices 


clerk,  who  shall  have  a  salary  settled  by  law,  and  take  an 
oath  of  secrecy  in  such  matters  as  he  shall  be  directed  by 
the  Board  to  conceal.  A  sum  of"  money  appropriated  to 
that  purpose  shall  be  divided  annually  among  the  mem- 
bers in  proportion  to  their  attendance ;  and  they  shall  be 
incapable  during  their  continuance  in  office,  of  sitting  in 
either  House  of  Assembly.  Two  members  shall  be  re- 
moved, by  joint  ballot  of  both  Houses  of  Assembly,  at  the 
end  of  every  three  years,  and  be  ineligible  for  the  three 
next  years.  These  vacancies,  as  well  as  those  occasion- 
ed by  death  or  incapacity,  shall  be  supplied  by  new  elec- 
tions, in  the  same  manner. 

XII.  The  Delegates  for  Virginia  to  the  Continental 
Congress  shall  be  chosen  annually,  or  superceded  in  the 
mean  time  by  joint  ballot  of  both  Houses  of  Assembly. 

XIII.  The  present  militia  officers  shall  be  continued, 
and  vacancies  supplied  by  appointment  of  the  Governor, 
with  the  advice  of  the  Privy  Council,  or  recommendations 
from  the  respective  County  Courts;  but  the  Governor 
and  Council  shall  have  a  power  of  suspending  any  officer, 
and  ordering  a  court-martial,  on  complaint  of  misbeha- 
viour or  inability,  or  to  supply  vacancies  of  officers  hap- 
pening when  in  actual  service.  The  Governor  may  em- 
body the  militia,  with  the  advice  of  the  Privy  Council,, 
and  when  embodied,  shall  alone  have  the  direction  of  the 
militia  under  the  laws  of  the  country. 

XIV.  The  two  Houses  of  Assembly  shall,  by  joint 
ballot  appoint  Judges  of  the  Supreme  Court  of  Appeals, 
and  General  Court,  Judges  in  Chancery,  Judges  of  Ad- 
miralty, Secretary,  and  the  Attorney  General,  to  be  com- 
missioned by  the  Governor,  and  continue  in  office  during 
good  behaviour.  In  case  of  death,  incapacity,  or  resig- 
nation, the  Governor,  with  the  advice  of  the  Privy  Coun- 
cil, shall  appoint  persons  to  succeed  in  office,  to  be  ap- 
proved or  displaced  by  both  Houses.  These  officers  shall 
have  fixed  and  adequate  salaries;  and,  together  with  all 
othtrs  holding  lucrative  offices,  and  all  Ministers  of  the 
Gospel  of  every  denomination,  be  incapable  of  being 
elected  members  of  either  House  of  Assembly,  or  the 
Privy  Council. 

XV.  The  Governor,  with  the  advice  of  the  Privy 
Council,  shall  appoint  Justices  of  the  Peace  for  the  coun- 


CONSTITUTION  OF  VIRGINIA. 


55 


ties;  and  in  case  of  vacancies,  or  a  necessity  of  increasing 
the  number  hereafter,  such  appointments  to  be  made  up- 
on the  recommendation  of  the  respective  County  Courts. 
The  present  acting  Secretary  in  V'irginiq,  and  Clerks  of 
all  the  County  courts,  shall  continue  in  office.  In  case 
of  vacancies  either  by  death,  incapacity,  or  resignation,  a 
Secretary  shall  be  appointed  as  before  directed,  and  the 
clerks  by  the  respective  courts.  The  present  and  future 
clerks  shall  hold  their  offices  during  good  behaviour,  to  be 
judged  of  and  determined  in  the  General  Court.  The 
Sheriffs  and  Coroners  shall  be  nominated  by  the  respective 
courts,  approved  by  the  Governor,  with  the  advice  of  the 
Privy  Council,  and  commissioned  b\  the  Governor.  The 
Justices  shall  appoint  Constables,  and  all  fees  of  the  afore- 
said officers  to  be  regulated  by  law. 

XVI.  The  Governor,  when  he  is  out  of  office,  and 
others  offending  against  the  state,  either  by  mal-adminis- 
tration,  corruption,  or  other  means  by  which  the  safety  of 
the  state  may  be  endangered,  shall  be  impeachable  by  the 
House  of  Delegates.  Such  impeachment  to  be  prosecuted 
by  the  Attorney  General,  or  such  other  person  or  persons 
as  the  House  may  appoint  in  the  General  Court,  accord- 
ing to  the  laws  of  the  land.  If  found  guilty  he  or  they 
shall  l>e  either  forever  disabled  to  hold  any  office  under 
government,  or  removed  from  such  officepro  tempore,  or 
subjected  to  such  paius  or  penalties  as  the  law  shall  di- 
rect. 

XVII.  If  all,  or  any  of  the  Judges  of  the  General 
Court,  shall,  on  good  grounds  (to  be  judged  of  by  the 
House  of  Delegates)  be  accused  of  any  of  the  crimes  or 
offences  beforementioned,  such  House  of  Delegates  may, 
in  like  manner,  impeach  the  Judge  or  Judges  so  accused, 
to  be  prosecuted  in  the  Court  of  Appeals  ;  and  lie  or  they, 
if  found  guilty,  shall  be  punished  in  the  same  manner  as 
is  prescribed  in  the  preceding  clause. 

XVIII.  Commissions  and  grants  shall  run  In  the  name 
of  the  Commonwealth  of  Virginia,  and  bear  teste  by 
ihc  Governor,  with  the  seal  of  the  Commonwealth  an- 
nexed. Writs  shall  run  in  the  same  manner,  and  bear 
teste  by  the  clerks  of  the  several  courts.  Indictments 
shall  conclude.  Against  the  peace  and  dignity  of  the  Com- 

Malth. 


of,  how 
appoint- 
ed ;  shall 
nominate 
their 

clerks,  re- 
commend 
sheriffs 
and  cor- 
oners to  ho 
commis- 
sioned by 
Execu- 
tive ;  and 
appoint 
consta- 
bles. 


Impeach- 
ments. 


Commis- 
sions, 
grants  and 
writs, 
stile,  and 
teste  of 
Indict- 
ments, 
conclusion 
of 


56 


CONSTITUTION  OF  VIRGINIA. 


Territorial 
limits :  ces- 
sion to  co- 
terminous 
states  :  fu- 
ture go- 
vernments 
west  of 
Mount  Al- 
legheny, 
how  to  be 
establish- 
ed. 


Treasurer.        XIX.  A  Treasurer  shall  be  appointed  annually,  by 
joint  ballot  of  both  Houses. 

Escheats,         XX.  All  escheats,  penalties,  and  forfeitures,  heretofore 
forfeitures.   SowS  to  tne  King-,  shall  go  to  the  Commonwealth,  save 

only  such  as  the  Legislature  may  abolish,  or  otherwise 

provide  for. 

XXI.  The  territories  contained  within  the  charters 
erecting  the  colonies  of  Maryland,  Pennsylvania,  North 
and  South  Carolina,  are  hereby  ceded,  released,  and  for- 
ever confirmed  to  the  people  of  those  colonies  respect- 
ively, with  all  the  rights  of  property,  jurisdiction,  and 
government,  and  all  other  rights  whatsoever  which  might 
at  any  time  heretofore  have  been  claimed  by  Virginia, 
except  the  free  navigation  and  use  of  the  rivers  Potowmac 
and  Pohomoke,  with  the  property  of  the  Virginia  shores 
or  strands  bordering  on  either  of  the  said  rivers,  and  all 
improvements  which  have  been  or  shall  be  made  thereon. 
The  western  and  northern  extent  of  Virginia  shall,  in  all 
oilier  respects,  stand  as  fixed  by  the  charter  of  King  James 
the  first,  in  the  year  one  thousand  six  hundred  and  nine, 
and  by  the  public  treaty  of  peace  between  the  Courts  of 
Great- Britain  and  France,  in  the  year  one  thousand  se- 
ven hundred  and  sixty-three  ;  unless,  by  act  of  Legisla- 
ture, one  or  more  territories  shall  hereafter  be  laid  off, 
and  governments  established  westward  of  the  Alleghany 
mountains.  And  no  purchase  of  lands  shall  be  made  of 
the  Indian  natives  but  on  behalf  of  the  public,  by  autho- 
rity of  the  General  Assembly. 

XXII.  In  order  to  introduce  this  government,  the  re- 
presentatives of  the  people  met  in  Convention  shall  choose 
a  Governor  and  Priv^  Council,  also  such  other  officers 
directed  to  be  chosen  by  both  Houses  as  may  be  judged 
necessary  to  be  immediately  appointed.  The  Senate  to 
be  first  chosen  by  the  people,  to  continue  until  the  last  day 
of  March  next,  and  the  other  officers  until  the  end  of  the 
succeeding  session  of  Assembly.  In  case  of  vacancies, 
the  Speaker  of  either  House  shall  issne  writs  for  new 
elections. 


No  pur- 
chases 
from  In- 
dian na- 
<ives,  but 
for  repub- 
lic. 


ra 


RELATING    TO    THX 


FIRST  SETTLEMENT  OF  VIRGINIA, 


Letters  Patent  w  Sir  Thomas  Gates,  Sir  George  So- 
mers,  and  others,  for  two  several  Colonies  and  Planta- 
tions, to  be  made  in  Virginia,  and  other  parts  and  Ter- 
ritories of  America. 

(Dated  April  \Oth,  1606.  4  James  Ist.—Stith's  Jlpp.  No. 

I.  pa.  1.) 


i.  JAMES,  by  the  grace  of  God,  King  of  England,    Firatchai 
Scotland,  France,   and  Ireland,   Defender  of  the  Faith,   ter  to  Sir 
&c.     Whereas   our  loving  and  well-disposed  subjects,   gjj™^ 
SirThomasGates,and  Sir  George  Somers.  Knights,  Rich-   other?, 
ard  Hackluit,  Clerk,  Prebendary  of  Westminster,  mid  Ed- 
ward-Maria Wingfield, Thomas  Hanham,  and  Ralegh  Gil- 
bert, Esqrs.  William  Parker,  and  George  Popham,  gen- 
tlemen,   and  divers  others    of  our  loving  subjects,   have   Preamble, 
been   humble   suitors  unto  us,  that  we  would  vouchsafe 
unto  them  our  licence,  to  make  habitation,  plantation,  and 
to  deduce   a   colony   of  sundry  of  our  people  into  that 
part  of  America,  commonly  called    Virginia,   and  other 
parts  and   territories  in  America,  either  appertaining  un- 
to us,  or   which   are   not  now  actually  possessed  bv  am 

H 


»8 


ANCIENT  CHARTERS. 


1606. 

Ap'l  10th. 

4th  James 
1st. 

First  char- 
ter to  Sir 
Thomas 
Gates  and 
others 


christian  prince  or  people,  situate,  lying  and  being  all 
along  the  sea  coasts,  between  four  and  thirty  degrees  of 
Northerly  latitude  from  the  Equinoctial  line,  and  five 
and  forty  degrees  of  the  same  latitude,  and  in  the  main 
land  between  the  same  four  and  thirty  and  five  and  forty 
degrees,  and  the  islands  thereunto  adjacent,  or  within  one 
hundred  miles  of  the  coasts  thereof. 

II.  And  to  that  end,  and  for  the  more  speedy  accom- 
plishment of  their  said  intended  plantation  and  habitation 
there,  are  desirous  to  divide  themselves  into  two  several 
colonies  and  companies ;  the  one  consisting  of  certain 
knights,  gentlemen,  merchants,  and  other  adventurers,  of 
our  city  of  London  and  elsewhere,  which  are  and  from 
Preamble,  time  to  time  shall  be,  joined  unto  them,  which  do  desire 
to  begin  their  plantation  and  habitation  in  some  fit  and 
convenient  place,  between  four  and  thirty  and  one  and 
forty  degrees  of  the  said  latitude,  alongst  the  coasts  of 
Virginia  and  coast  of  America  aforesaid  ;  and  the  other 
consisting  of  sundry  knights,  gentlemen,  merchants,  and 
other  adventurers,  of  our  cities  of  Bristol  and  Exeter,  and 
of  our  town  of  Plirnouth,  and  of  other  places,  which  do 
join  themselves  unto  that  colony,  which  do  desire  to  be- 
gin  their  Plantation  and  habitation  in  some  fit  and  con- 
venient place,  between  eight  and  thirty  degrees  and  five 
and  forty  degrees  of  the  said  latitude,  all  alongst  the  saic' 
coast  of  Virginia  and  America,  as  that  coast  lyeth. 


['re;    i  l>) 


III.    We  greatly  commending,  and  g.  viciously  ac 
'  n :;  of,  their  desires  for  the  furtherance  o(  so  nobk 
which  may,  by  the  providence  of  .Almighty  Go*' 
ter  tend  to  the  glory  of  his  divine  Majesi 
of  Christian  religion  to  such  peor '  \  as  yet  live  in  de.    . 
ness  and  miserable  ignorance  oft  ,-•  true  knowledge  and 
worship  of  God,  and  may  in  time  bring  the  infir'     ■  >.ud 
savages,  living  in  t'sose  parts,  to  human  c:   ,iity         !  to  a 
titled  and   quiet    government;  1 ; ..■  by  uiese  c, ...  letters 
patterns,  graciously  accept  of,  and   igree  to,  their  humble 
and  well  ■  tended 


First 
ay. 


ol 


IV. 


d 


<r    heirs,  and    SUCC6S' 
thai  lid  Sir  Thomas  Gates, 

Hi  hard  liackluit,  and  Edward-Ma- 
Yeii'i<'    rsofand  for  our  city  of  London, 
ami  all  such  others,,  a-        \  or  shall  be  joined  unto  them 
of  that  colony,  shall  bt        led  the  first  colonv;  and  thev 


Sir  Geoij_ 
ria  Wingfiel 


ANCIENT  CHARTERS  3M 

shall  and  may  begin  their  said  tirst  plantation  and  habita-      *'jub. 
tion,  at  any  place  upon  the  said  coast  of  Virginia  or  Ame-  x,ti  |0tl] 
rica,  where  they  shall  think  fit  and  convenient,  between  the 
sa»4«&)iir  and  thirty  and  one  and  forty  degrees  of  the  said  4lh  JiUW< 
latitude;  and  that  they  shall  have  all  the  lands,  woods,     ^^^ 
soil,  grounds,  havens,  ports,  rivers,  mines,  minerals,  mar-  Firsichir 
shes,   waters,  fishings,   commodities,  and  hereditaments,  tcr  to  Sir 
whatsoever,  from  the  said  first  seat  of  their  plantation  and   ill',mas  . 

,  /.   -  ,  .■  ,\       i-    i  Uates  and 

habitation  by  the  space  of  fifty  miles  of  English  statute    .then 
measure,  all  along  the  said  coast  of  Virginia  and  Ameri- 
ca, towards  the  west  and  south-west,  as  the  coast  lyeth. 
with  all  the  islands  within  one  hundred  miles  directly  over 
against  the  same  sea  coast;  and  also  all  the  lands,  soil, 
grounds,  havens,  ports,  rivers,  mines,  minerals,  woods, 
waters,    marshes,    fishings,    commodities,  and    heredita- 
ments, whatsoever,  from  the  said  place  of  their  first  platv 
tation   and  habitation  for  the  space  of  fifty  like  Englisi 
miles,  all  alongst  the  said  coast  of  Virginia  and  America, 
towards  the  east  and  north-east,  or  towards  ihe  north,  as 
the  coast   lyeth,  together  with  all  the  islands  within  one 
hundred  miles,  directly  over  against  the  said  sea  coast;  and 
also  all  the  lands,  woods,  soil,  grounds,  havens,  ports,  ri 
vers,  mines,  minerals,  marshes,  waters,  fishings,  commo- 
dities, and  hereditaments,  whatsoever,  from  the  same  fifi\ 
miles  every  way  on  the  sea  coast,  directly  into  the  main 
land  by  the  space  of  one  hundred  like  English  miles;  and 
shall  and  may  inhabit   and  remain  there ;  and  shall  and 
may  also  build  and  fortify  within  any  the  same,  for  thci; 
better  safeguard  and  defence,  according  to  their  best  di- 
cretion,  and  the  discretion  of  the  council  of  that  colony; 
and  that  no  other  of  our  subjects  shall   be  permitted,  or 
suffered  to  plant  or  inhabit  behind,  or  on  the  backside  of 
them,  towards  the  main  land,  without  the  express  licence 
or  consent   of  the   council  of  that  colony,  thereunto  in 
writing  first  had  and  obtained. 

V.  And  we  do  likewise,  for  us,  our  heirs,  and  sueeei-  Se< 
sors,  by  these  presents,  grant  and  agree,  that  the  said  Tho- 
mas Hanham,  and  Ralegh  Gilbert,  William  Parker,  and 
George  Popham,  and  all  others  of  the  town  of  Plimouth 
in  the  county  of  Devon,  or  elsewhere,  which  are,  or  shall 
be,  joined  unto  them  of  that  colony,  shall  be  called  the  se- 
cond colony  ;  and  that  they  shall  and  may  begin  their  said 
Plantation  and  seat  of  their  first  abode  and  habitation,  at 
any  place  upon  the  said  coast  of  Virginia  and  America, 


jO  ANCIENT  CHARTERS. 

1606.      where  they  shall  think  fil  and  convenient,  between  eight 
and  thirty  degrees  of  the  said  latitude,  and  6ve  and  forty 
ApllOt!).     degress  of  the  same  latitude;  and  that  they  shall  have  all 
1th  Jaines  tne  otitis,  soils,  grounds,  havens,   ports,  rivers,    mines, 
1st.         minerals,  woods,  marshes,  waters,  fishings,  commodities. 
^-^v-v^    and   hereditaments,    whatsoever     from   the   first   seat   of 
F-  their*  plantatiori  and  habitation  by  the  space  of  fifty  like 

Tho'  Elie  as  is  aforesaid,  all  alongst  the  said  coast 

Gati  of  Vii  arid   America,  towards  the  west  and  south- 

west, or  towards  the  south,  as  the  coast  lyeth,  and  all 
the  islands  within  one  hundred  miles,  directly  over 
against  the  said  sea  coast;  and  also  all  the  lands,  soils. 
Hinds,  havens,  ports,  rivers,  mines,  minerals,  woods, 
marshes,  waters,  fishings,  commodities,  and  heredita- 
ments, whatsoever,  from  the  said  place  of  their  first  plan- 
tation and  habitation  for  the  space  of  fifty  like  miles,  all 
alongst  the  said  coast  of  Virginia  and  America,  towards 
the  east  and  north-east  <  or  towards  the  north,  as  the  coast 
Iveth,  and  all  the  Islands  also  within  one  hundred  miles 
directly  over  against  the  same  sea  coast;  and  also  all  the 
lands,  soils,  grounds,  havens,  ports,  rivers,  woods,  mines, 
minerals,  marshes,  waters,  fishings,  commodities,  and 
hereditaments,  whatsoever,  from  the  same  fifty  miles 
every  wav  on  the  sea-coast,  directly  into  the  main  land, 
by  the  space  of  one  hundred  like  English  miles ;  and  shall 
arid  may  inhabit  and  remain  there  ;  and  shall  and  may  al- 
so build  and  fortify  within  any  the  same  for  their  better 
safeguard,  according  to  their  best  discretion,  and  the  dis- 
cretion of  the  council  of  that  colony;  and  that  none  of  our 
subjects  shall  be  permitted,  or  suffered,  to  plant  or  inha- 
bit behind,  or  on  the  back  of  them,  towards  the  main  land, 
lhout  the  express  licence  of  the  council  of  that  colony 
in  writing  thereunto  first  had  and  obtained. 

VI.  Provided  always,  and  our  will  and  pleasure  here- 
in is,  that  the  plantation  and  habitation  of  such  of  the  said 
colonies,  as  shall  last  plant  themselves,  as  aforesaid,  shall 
not  be  made  within  one  hundred  like  English  miles  of  the 
other  of  them,  that  first  began  to  make  their  plantation, 
as  aforesaid. 

Eachcolo-        yji#  And  we  do  also  ordain, -establish  and  agree,  for 
ncouncU.6   us,  our  heirs,  and  successors,  that  each  of  the, said  colo- 
nies shall  have  a  council,  which  shall  govern  and  order 
aU  matters  and  causes,  which  shall  arise,  grow  or  happen, 
to  or  within  the  same  several  colonies,  according  to  sueh 


ANCIENT  CHARTERS.  ft* 

laws,  ordinances,  and  instructions,  as  shall  be  in  that  be-      1606. 
half,   given   and  signed   with  our   hand  or  sign  manuel, 
and  pass  under  the  privy  seal  of  our  realm  of  England  ;     p       ■* 
each  of  which  councils  shall  consist  of  thirteen  persons,  4th  James 
to  be  ordained,  made,  and  removed,   from  time  to  time,        lst 
according  as  shall  be  directed  and  comprised  in  the  same  y^S/^**' 
instructions  ;  and  shall  have  a  several  seal,  for  all  matters  ,P'  ,,/;,':,' 
that  shall  pass  or  concern  the  same  several  councils  ;  each    (nomas 
of  which  seals  shall  have  the  king's  arms  engraven  on  the  '  ,u<>?  and„ 

o*nct*c 

one  side   thereof,  and  his  portraiture  on  the  other  ;  and 
that  the  seal  for  the  council  of  the  said  first  colony  sha!] 
have  engraven  round  about,  on  the  one  side,  these  words ; 
Sigillum  Regis  Magna   Britannia:,  Francis,  et  Hiber-   Number  of 
nice:  on  the  other   side  this    inscription   round   about;  ihecouocil. 
Pro  Concilio  prima  Colonia  Virginia.   And  the  seal  for  - 

the  council  of  the  said  second  colony  shall  also  have  en- 
graven, round  about  the  one  side  thereof,  the  aforesaid 
words  :  Sigillum  Regis  Magna?,  Britannia,  Franciai, 
and  Hibernia  ;  and  on  the  other  side  ;  Pro  Concilio  se- 
cundas  Colonial,  Virginia  : 

VIII.  And  that  also  there  shall  be  a  council  establish-  SjJJ^J 
ed  here  in  England,  which  shall,  in  like  manner,  consist   England; 
of  thirteen  persons,  to  be,  for  that  .purpose,  appointed  by   its  number 
us,  our  heirs,  and  successors,  which  shall  be  called  our  an(  s 
Council  of  Virginia;   and  shall,  from  time  to  time,  have 

the  superior  managing  and  direction,  only  of  and  for  all 
matters,  that  shall  or  may  concern  the  government,  as  well 
of  the  said  several  colonies,  as  of  and  for  any  other  part 
or  place,  within  the  aforesaid  precincts  of  four  and  thir- 
H  and  five  and  forty  decrees,  abovementioned  ;  which 
council  shall,  in  like  manner,  have  a  seal,  formatters  con- 
cerning the  council  or  colonies,  with  the  like  arms  and 
portraiture,  as  aforesaid,  with  this  inscription,  engraven 
round  about  on  the  one  side  ;  Sigillum  Regis  Magmas, 
Britannia,  Francia,  and  Hibernia ;  and  round  about 
the  other  side.  Pro  Concilio  suo  Virginia. 

IX.  And  moreover,  we  do  grant  and  agree,  for  us,      Rja> 
our  heirs  and  successors,  that  the  said  several  councils,   search  fov 
of  and  for  the  said  several  colonies,  shalland  lawfully  may,      .    d'e 

,.  ,  r    r  .  .'..  .     J  Ji     mine*. 

by  virtue  hereof,  from  time  to  time,  without  any  interrup- 
tion of  us,  our  heirs  or  successors,  give  and  take  order,  to 
dig,  mine,  and  search  for  all  manner  of  mines  of  gold. 
•liver,  and  copper,  as  well  within  any  part  of  their  said  se- 
veral colonies,  as  of  ihe  said  main  lands  on  the  backside 


62 


ANCIENT  CHARTERS 


1606. 

Ap'l  10th. 
4th  James 

1st. 

Firvi  char- 
tei  (o  Sir 
Thomas 
*iates  and 
others. 

Ma-  coin 

>10l 


May  in- 
vite and 
carry  over 
adventur- 
ers. 


of  the  same  colonies ;  and  to  have  and  enjoy  the  gold, 
silver,  and  copper,  to  be  gotten  thereof,  to  the  use  and 
behoof  of  the  same  colonies,  and  the  plantations  there-  f; 
yielding  therefore,  to  us,  our  heirs  and  successors,  the 
fifth  par!  only  of  all  the  same  gold  and  silver,  and  the  fif- 
teenth part  of  all  the  same  copper,  so  to  begotten  or  had, 
as  is  aforesaid,  without  any  other  manner  of  profit  or  ac- 
count, to  be  given  or  yielded  to  us,  our  heirs,  or  succes- 
sors, for  or  in  respect  of  the  same  : 

X.  And  they  shall,  or  lawfully  may,  establish  and  cause 
to  be  made  a  coin,  to  pass  current  there  between  the  peo- 
ple of  those  several  colonies,  for  the  more  ease  of  traf- 
fick  and  bargaining  between  and  amongst  them  and  the 
natives  there,  of  such  metal,  and  in  such  manner  and  form, 
as  the  said  several  councils  there  shall  limit  and  appoint. 

XI.  And  we  do  likewise,  for  us,  our  heirs,  and  suc- 
cessors, by  these  presents,  give  full  power  and  authority 
to  the  said  Sir  Thomas  Gates,  Sir  George  Somers,  Rich- 
ard Hackluit,  Ed  ward- Maria  Wingfield,  Thomas  Han- 
ham,  Ralegh  Gilbert,  William  Parker,  and  George  Pop- 
ham,  and  to  every  of  them,  and  to  the  said  several  com- 
panies, plantations,  and  colonies,  that  they,  and  every  of 
them,  shall  and  may  at  all  and  every  time  and  times  here- 
after, have,  take,  and  lead  in  the  said  voyage,  and  for 
and  towards  the  said  several  plantations  and  colonies,  and 
to  travel  thitherward,  and  to  abide  and  inhabit  there,  in 
every  the  said  colonies  and  plantations,  such  and  so  many 
of  our  subjects,  as  shall  willingly  accompany  them,  or 
any  of  them,  in  the  said  voyages  and  plantations  ;  with 
sufficient  shipping,  and  furniture  of  armour,  weapons, 
ordnance,  powder,  victual,  and  all  other  things,  necessary 
for  the  said  plantations,  and  for  their  use  and  defence 
there  :  Provided  always,  That  none  of  the  said  persons 
be  such,  as  shall  hereafter  be  specially  restrained  by  us, 
our  heirs,  or  successors. 

May  repel  xil.  Moreover,  we  do,  by  these  presents,  for  us,  our 
heirs,  and  successors,  give  and  grant  licence  unto  the  said 
Sir  Thomas  Gates,  Sir  George  Somers,  Richard  Hackluit, 
Edward-Maria  Wingfield,  Thomas  Hanham,  Ralegh  Gil- 
bert, William  Parker,  and  George  Popham,  and  to  every 
of  the  said  colonies,  that  they,  and  every  of  them,  shall 
and  may,  from  time  to  time,  and  at  all  times  for  ever  here- 
after, for  their  several  defences,  encounter,  expulse.  repel, 


uVI*0. 


intruders. 


ing  to  the 
colonies 


ANCIENT  CHARTERS.  rjji 

and  resist,  as  well  by  sea  as  by  land,  by  all  ways  and  means      loOo. 

whatsoever,  all  and  every  such  person   and  persons,  as  A  .,  10th 
without  the   especial   licence  of  the  said  several  colonies 

and  plantations,  shall   attempt  to  inhabit  within  the  said  4th  James 
several  precincts  and  limits  of  the  said  several  colonies  and  '"*_, 

plantations,  or  any  of  them,  or  that  shall  enterprise  or  at-  Firs(  char. 

tempt,  at  any  time   hereafter,  the  hurt,  detriment,  or  an-  tertoSir 

novance,  of  the  said  several  colonies  or  plantations :  Thomas 

"  *  Gates  and 

XIII.  Giving  and  granting,  by  these  presents,  unto 

the  said  Sir  Thomas  Gates,  Sir  George  Somers,  Richard  Duties 
Hackluit,  Edward-Maria  Wingfield,  and  their  associates  payable  by 
of  the  said  first  colony,  and  unto  the  said  Thomas  Han-  persons 
ham,  Ralegh  Gilbert,  William  Parker,  and  George  Pop-  for  trad- 
ham,  and  their  associates  of  the  said  second  colony,  and 
to  every  of  them,  from  time  to  time,  and  at  all  times  fore- 
ver hereafter  power  and  authority  to  take  and  surprise, 
by  all  ways  and  means  whatsoever,  all  and  every  person 
and  persons,  with  their  ships,  vessels,  goods,  and  other 
furniture,  which  shall  be  found  trafficking,  into  any  har- 
bour or  harbours,  creek  or  creeks,  or  place,  within  the  li- 
mits or  precincts  of  the  said  several  colonies  and  plantati- 
ons, not  being  of  the  same  colon)',  until  such  time,  as  they, 
being  of  any  realms  or  dominions  under  our  obedience, 
shall  pay,  or  agree  to  pay,  to  the  hands  of  the  treasurer  of 
that  colony,  within  whose  limits  and  precincts  they  shall 
so  traffick,  two  and  a  half  upon  every  hundred,  of  any 
thing,  so  by  them  trafficked,  bought,  or  sold  ;  and  being 
strangers,  and  uotsubjects  under  our  obeysance,  until  they 
shall  pay  five  upon  every  hundred,  of  such  wares  and 
merchandises,  as  they  shall  traffick,  buy,  or  sell,  within 
the   precincts  of  the  said   several   colonier   wherein  they 

shall  so  traffick, buy,  or  sell,  as  aforesaid     /.atchsums  of         ftZ 

~      J       f  ■  ii-  use  of  thf 

money,  or  benefit,  as  aforesaid,  for  and  during  the  space   eolonie? 

of  one  and  twenty  years,  next  ensuing  the  date  hereof,   '■ - 

shall  be  wholly  emploied  to  the  u.se,  benefit,  and  behoof* of 

the  said  several  plai   a tioas,  where  such  traffic's    hall  b<      ,„  , 

made;  andaftei  it.     .:  id  one  and  twenty  year--  5  the 

same  shall  be  taken  to  the  use  of  us.  our  heirs 

cessors,  by  such  officers  and  ministers,  as  by  us,  our  b 

and  successors,  shall  !     thereunto  ned  or  appointee 

XIV.  And    we  do  farther,  I  .      ese  presents,  for  us,  .',  j'^' 
our  heirs,  and     i    i     sors,  give    tnd  grant  unto  the Uaid    free  of  du- 
Sir  Thomas  Gat<    .  Sir  George  Somers,  Richard  Hackluit,   %y 

and  Edward-Maria  Wingfield.   ^n*1  to  th<  iociates  of 


64 


ANCIENT  CHARTER* 


1606. 

Ap'l  10th. 

4th  James 
1st. 

First  char- 
ter to  Sir 

Thomas 
(iajr-s  and 
others 


Inhabi- 
tants and 
their  chil- 
dren to 
have  the 
privileges 
of  British 
subjects. 


Penalty 
i'or  carry- 
ing goods, 
&c   destin- 
ed for  the 
colonies  to 
any  other 
places. 


the  said  first  colony  and  plantation,  and  to  the  said  Tho- 
mas Hanham,  Ralegh  Gilbert,  William  Parker,  and  George 
Popham,  and  their  associates  of  the  said  second  colony 
and  plantation,  that  they,  and  every  of  them,  by  their  de- 
puties, ministers,  and  factors,  may  transport  the  goods, 
chattels,  armour,  ammunition,  and  furniture,  needful  to  be 
used  by  them,  for  their  said  apparel,  food,  defence,  or 
otherwise  in  respect  of  the  said  plantations,  out  of  our 
realms  of  England  and  Ireland,  and  all  other  our  domini- 
ons, from  time  to  time,  for  and  during  the  time  of  seven 
years,  next  ensuing  the  date  hereof,  for  the  better  relief  of 
the  said  several  colonies  and  plantations,  without  any  cus- 
tom, subsidy,  or  other  duty,  unto  us,  our  heirs,  or  suc- 
cessors, to  be  yielded  or  paid  for  the  same. 

XV.  Also  we  do,  for  us,  our  heirs,  and  successors, 
declare,  by  these  presents,  that  all  and  every  the  persons, 
being  our  subjects,  which  shall  dwell  and  inhabit  within 
every  or  any  of  the  said  several  colonies  and  plantations, 
and  every  of  their  children,  which  shall  happen  to  be  born 
within  any  of  the  limits  and  precincts  of  the  said  several 
colonies  and  plantations,  shall  have  and  enjoy  all  liberties, 
franchises,  and  immunities,  within  any  of  our  other  do- 
minions, to  all  intents  and  purposes,  as  if  they  had  been 
abiding  and  born,  within  this  our  realm  of  England,  or 
any  other  of  our  said  dominions. 

XVI.  Moreover,  our  gracious  will  and  pleasure  is,  and 
we  do,  by  these  presents,  for  us,  our  heirs,  and  successors, 
declare  and  set  forth,  that  if  any  person  or  persons,  which 
shall  be  of  any  of  the  said  colonies  and  plantations,  or  any 
other,  which  shall  traffick  to  the  said  colonies  and  planta- 
tions, or  any  of  them,  shall  at  any  time  or  times  hereaf- 
ter, transport  any  wares,  merchandises,  or  commodities, 
out  of  any  our  dominions,  with  a  pretence  to  land,  sell,  or 
otsPrwise  dispose  of  the  same,  within  any  the  limits  and 
precincts  of  any  the  said  colonies  and  plantations,  and  yet 
nevertheless,  being  at  sea,  or  after  he  hath  landed  the 
same  within  any  of  the  said  colonies  and  plantations,  shall 
carry  the  same  into  any  other  foreign  country,  with  a  pur- 
pose there  to  sell  or  dispose  of  the  same,  without  the  li- 
cence of  us.  our  heirs,  and  successors,  in  that  behalf  first 
had  and  obtained;  that  then,  all  the  goods  and  chattels  of 
such  person  or  persons,  so  offending  and  transporting,  to- 
gether with  the  said'  ship  or  vessel,  wherein  such  trans- 


ANCIENT  CHARTERS  65 

portalion  was  made,  shall  be  forfeited  to  us,  our  heirs,     1G06. 
and  successors. 

Ap'l  10th. 

XVII.  Provided  always,  and  our  will  and  pleasure  is, 

and  we  do  hereby  declare  to  all  Christian  kings,  princes,       j  ™ieS 
and  states,  that  if  any  person  or  persons,  which  shall  here-    ^^s~+s 
after  be  of  any  of  the  said  several  colonies  and  plantations,  First  char- 
or  any  other,  by  his,  their  or  any  of  their  licence  and  ap-  tor  to  Sir 
pointment,  shall,  at  any  time  or  times  hereatter,  rob  or  Gates  and 
spoil,  by  sea  or  by  land,  or  do  any  act  of  unjust  and  un-  others, 
lawful  hostility,  to  any  the  subjects  of  us,  our  heirs,  or 
successors,  or  any  the  subjects  of  any  king,  prince,  ruler, 
governor,  or  state,  being  then  in  league  or  amity  with  us,  R°hbPries 
our  heirs,  or  successors,  and  that  upon  such  injury,  or  up-   punished. 
on  just  complaint  of  such  prince,  ruler,  governor,  or  state, 
or  their  subjects,  we,  our  heirs,  or  successors,  shall  make 
open  proclamation,  within  any  of  the  ports  of  our  realm 
of  England,  commodious  for  that  purpose,  that  the  person 
or  persons,  having  committed  any  such  robbery  or  spoil, 
shall,  within  the  term  to  be  limitted  by  such  proclama- 
tions, make  full  restitution  or  satisfaction  of  all  such  in- 
juries done,  so  as  the  said  princes,  or  others,  so  complain- 
ing, may  hold  themselves  fully  satisfied  and  contented  ; 
and  that,  if  the  said  person  or  persons,  having  committed 
such  Robbery  or  spoil,  shall  not  make,  or  cause  to  be 
made,  satisfaction  accordingly,  within  such  time  so  to  be 
limited,  that  then  it  shall  be  lawful  to  us,  our  heirs,  and 
successors,  to  put  the  said  person  or  persons,  having  com- 
mitted such  robbery  or  spoil,  and  their  procurers,  abetters, 
or  comforters,  out  of  our  allegiance  and  protection  ;  and 
that  it  shall  be  lawful  and  free  for  all  princes  and  others, 
to  pursue  with  hostility  the  said  offenders,  and  every  of 
them,  and  their  and  every  of  their  procurers,  aiders,  abet- 
ters, and  comforters,  in  that  behalf. 

XVIII.  And  finally,  we  do,  for  us,  our  heirs,  and  sue-    Lands  to 
cessors,  grant  and  agree,  to  and  with  the  said  Sir  Tho-   f'c  granted 
mas  Gates,  Sir  George  Somers,  Richard  Hackluit,  and  l-o^mon" 
Edward-Maria  Wingfield,  and  all  others  of  the  said  first  soc<age,in 
colony,   that  we,  our  heirs,  and  successors,  upon  petition   ''"-first 
in  that  behalf  to  be  made,  shall,  by  letters,  patent  under 

the  great  seal  of  England,  give  and  grant  unto  such  per- 
sons, their  heirs,  and  assigns,  as  the  council  of  that  colony, 
or  the  most  part  of  them,  shall,  for  that  purpose  nominate 
and  assign,  all  the  lauds,  tenements,  and  hereditaments, 
which  shall  be  within  the  precincts  limited  for  that  colony, 

I 


m 


ANCIENT  CHARTER!?. 


1606. 

Ap;l  10th. 

4th  James 
1st. 


First  char- 
ter to  Sir 
Thomas 
Gates  and 
others. 

Lands  to 
be  granted 
in  free  and 
common 
soccage  in 
the  2d  co- 
lony. 


Lands 
passed  by 
these  pa- 
tents as- 
sared  by 
the  paten- 
tees. 


as  is  aforesaid,  to  be  hoi  den  of  us,  our  heirs,  and  succes~ 
sots,  as  of  our  manor  of  East-Greenwich  in  the  county 
of  Kent,  in  free  and  common  soccage  only,  and  not  in  ca- 
pite  : 

XIX.  And  do,  in  like  manner,  grant  and  agree,  for 
us,  our  heirs,  and  successors,  to  and  with  the  said  Tho- 
mas Hanham,  Ralegh  Gilbert,  William  Parker,  and 
George  Popham,  and  all  others  of  the  said  second  colony, 
that  we,  our  heirs,  and  successors,  upon  petition  in  that 
behalf  to  be  made,  shall,  by  letters  patent  under  the  great 
seal  of  England,  give  and  grant  unto  such  persons,  their 
heirs  and  assigns,  as  the  council  of  that  colony,  or  the 
most  part  of  them,  shall,  for  that  purpose,  nominate  and 
assign,  all  the  lands,  tenements,  and  hereditaments,  which 
shall  be  within  the  precincts  limited  for  that  colon}',  as  is 
aforesaid,  to  be  holden  of  us,  our  heirs,  and  successors,  as 
of  our  manor  of  East-Greenwich  in  the  colony  of  Kent, 
in  free  and  common  soccage  only,  and  not  in  capite. 

XX.  All  which  lands,  tenements,  and  hereditaments, 
so  to  be  passed  by  the  said  several  letters  patent,  shall  be 
sufficient  assurance  from  the  said  patentees,  so  distribut- 
ed and  divided  amongst  the  undertakers  for  the  planta- 
tion of  the  said  several  colonies,  and  such  as  shall  make 
their  plantations  in  either  of  the  said  several  colonies,  in 
such  manner  and  form,  and  for  such  estates,  as  shall  be 
ordered  and  set  down  by  the  council  of  the  said  colony,  or 
the  most  part  of  them,  respectively,  within  which  the 
same  lands,  tenements,  and  hereditaments  shall  lye  or  be  ; 
although  express  mention  of  the  true  yearly  value  or  cer- 
tainty of  the  premises  or  any  of  them,  or  of  any  other 
gifts  or  grants,  by  us,  or  any  of  our  progenitors  or  pre- 
decessors, to  the  aforesaid  Sir  Thomas  Gates,  knight,  Sir 
George  Somers,  knight,  Richard  Hackluit,  Edward-Ma- 
ria Wingfield,  Thomas  Hanham,  Ralegh  Gilbert,  Wil- 
liam Parker,  and  George  Popham,  or  any  of  them,  here- 
tofore made,  in  these  presents,  is  not  made  ;  or  any  sta- 
tute, act,  ordinance,  or  provision,  proclamation,  or  re- 
straint, to  the  contrary  hereof  had,  made,  ordained,  or  any 
other  thing,  cause,  or  matter  whatsoever,  in  any  wise  not- 
withstanding. In  witness  whereof,  we  have  caused  these 
our  letters  to  be  made  patents ;  witness  ourself  at  West- 
minster, the  tenth  day  of  April,  in  the  fourth  year  of  the 
reign  of  England,  France,  and  Ireland,  and  of  Scotland 
the  nine  and  thirtieth.  Lmkin 

Pf  privatd  Sigtllo. 


\NCIENT  CHARTERS  61 

Articles,  Instructions  and  Orders  made,  sett  down  and  es- 
tablished by  us,  twentieth  day  of  November,  in  the  year 
of  our  r  a  igne  of  England,  France,  and  Ireland  the  fourth 
and  of  Scotland  the  fortieth,  for  the  good  Order  and 
Government  of  the  two  several  Colonics  and  Plantations 
to  be  made  by  our  loving  subjects,  in  the  Country  com- 
monly called  Virginia  and  \merica,bettveen  thirty-four 
and  forty  five  degrees  from  the  wquinoctial  line. 

[From    a  MS.   record  book,   in  the  Register's -Office  of 
Virginia. — Book  No.  2,  pa.  1.] 

WHERAS   wee,  by  our  letters    pattents  under  our  limine 
great  seale  of  England,  bearing   date  att  Westminster,   j^ontSj'  &g ' 
the  tenth  day  of  Aprill,  in  the  year  of  our  raigne  of  Eng-   colonies  of 
land,  France  and  Ireland  the  fourth,  and  of  Scotland  the  Virginia. 
39th   have  given  lycence  to  sundry  our  loving  subjects 
named  in  the  said  letters  pattents  and  to  their  associates, 
to  deduce  and  conduct  two  several  collonies  or  plantations 
of  sundry  our  loving  people  willing  to  abide  and  inhabit 
in  certaine  parts  of  Virginia  and  America,  with  divers  Recital  of 
preheminences,  priviledges,  authorities  and  other  things,   former 
as  in  and  by  the  same  letters  pattents  more  particularly  it  c  ,arte) 
appeareth,  wee  according  to  the  effect  and  true  meaning  of 
the  same  letters  pattents,  doe  by  these  presents,  signed 
with  our  hand,  signe  manuel  and  sealed  with  our  privy 
seale   of  our  realme  of  England,  establish  and  ordaine, 
that    our   trusty  and  well  beloved   Sir  William  Wade, 
knight,  our  Lieutenant  of  our  Tower  of  London,    Sir 
Thomas  Smith,  knight,  Sir  Walter  Cope,  knight,   Sir 
Gorge  Moor,  Knight,  Sir  Francis  Popeham,  knight,  Sir 
Ferdinando  Gorges,  knight,  Sir  John  Trevor,  knight,  Sir 
Henry  Montague,  knight,  recorder  of  the  citty  of  Lon- 
don, Sir  William    Rumney,   knight,  John  Dodderidge, 
Esq.  Sollicitor  General,  Thomas   Warr,  Esqr.  John  El- 
dred  of  the  citty  of  London,  merchant,  Thomas  James 
of  the  citty  of  Bristol,  merchant,  and  Jame  Bagge  of 
Plymouth,  in  the  county  of  Devonshire,  merchant,  shall 
be  our  councel  for  all  matters  which  shall  happen  in  Vir- 
ginia of  any  the  territories  of  America,  between  thirty- 
four   and    forty  five  degrees   from  the  sequinoctial  line 
northward,  and  the  Islands  to  the  several  collonies  limit- 
ted  and  assigned,  and  that  they  shalbe  called  the  King's 


68 


ANCIENT  CHARTERS 


1606 

Nov.  20t!i. 

4th  James 
1st. 

Jnst:  ac- 
tions, St  c. 
fo  i  the  2 
colonies 
of  Vir- 
ginia. 

Council- 
lors, how 
nominat- 
or). 


Each 
council  to 
choose  a 
president ; 
his  conti- 
nuance in 
office 


Vacancies 
how  sup- 
plied 


Christian 
religion  to 
he  preach- 
ed among 
the  colo- 
nists anil 
the  sava- 
ges. 


Councel  of  Virginia,  which  councel  or  the  most  part  of 
them  sha!  have  full  power  and  authority,  att  our  pleasure, 
in  our  name,  and  under  us,  our  heires  and  successors,  to 
give  directions  to  the  councels  of  the  several  collonies 
which  sha]  be  within  any  part  of  the  said  country  of  Vir- 
ginia and  America,  within  the  degrees  first  above  menti- 
oned, with  the  Islands  aforesaid,  for  the  good  government, 
of  the  people  to  be  planted  in  those  parts,  and  for  the 
good  ordering  and  disposing  of  all  causes  happening  within 
the  same,  and  the  same  to  be  done  for  the  substance  thereof, 
as  neer  to  the  common  lawes  of  England,  and  the  equity 
thereof  as  may  be,  and  to  passe  under  our  seale,  appoint- 
ed for  that  councel,  which  councel,  and  every  or  any  of 
thern  shall,  from  time  to  time  be  increased,  altered  or 
changed, -and  others  put  in  their  places,  att  the  nomina- 
ti "ii  of  us,  our  heires  and  successors,  and  att  our  and  their 
will  and  pleasure,  and  the  same  councel  of  Virginia,  or 
the  more  part  of  them,  for  the  time  being  shall  nominate 
ami  appoint  the  first  several  concellours  of  those  several 
councells,  which  are  to  be  appointed  for  those  two  seve- 
ral colonies,  which  are  to  be  made  plantations  in  Virginia 
and  America,  between  the  degrees  before  mentioned,  ac- 
cording to  our  said  ietters  pattents  in  that  behalfe  made  ; 
and  that  each  of  the  same  councels  of  the  same  several  co- 
lonies shal,  by  the  major  part  of  them,  choose  one  of  the 
same  councel,  not  being  the  minister  of  God's  word,  to 
be  president  of  the  same  councel,  and  to  continue  in  that 
office,  by  the  space  of  one  whole  year,  unless  he  shall  in 
the  mean  time  dye  or  be  removed  from  that  office  ;  and 
wee  doe  further  hereby  establish  and  ordaine,  that  it  shal 
be  lawful  for  the  major  part  of  either  of  the  said  councells, 
upon  any  just  cause,  either  absence  or  otherwise,  to  re- 
move the  president  or  any  other  of  that  councel,  from  be- 
ing either  president  or  any  of  that  councel,  and  upon  the 
deathes  or  removal  of  any  of  the  presidents  or  councel,  it 
shal  be  lawfull  for  the  major  part  of  that  councel,  to  elect 
another  in  the  place  of  the  party  soe  d}'ing  or  removed, 
so  alwaies,  as  they  shal  not  be  above  thirteen  of  either  of 
the  said  councellours,  and  we  doe  establish  and  ordaine, 
that  the  president  shal  not  continue  in  his  office  of  presi- 
dentship above  the  space  of  one  year ;  and  wee  doe  spe- 
cially ordaine,  charge,  and  require,  the  said  presidents  and 
councells,  and  the  ministers  of  the  said  several  colonies 
respectively,  within  their  several  limits  and  precincts, 
that  they,  with  all  diligence,  care,  and  respect,  doe  pro- 
vide, that  the  true  word,  and  service  of  God  and  Chris- 


ANCIENT  CHARTER^.  69 

tian  faith  be  preached,  planted, and  used,  not  only  within     1606. 
every  of  the  said  several  colonies,  and  plantations,  hut  al- 

J  11  ^  \\  \  \      -Nov.  20tli, 

soe  as   much   as  they  may  amongst  the  salvage  people 

which  doe  or  shall  adjoine   unto  them,   or  border  upon  4th  James 
them,  according  to  the  doctrine,  rights,  and  religion  now        lst 

professed  and  established  within  our  realme  of  England,  ,^v~w 

*     ,    ,  i  i     ii  re  .       Instruc 

and  that  they  shall  not  suffer  any  person,  or  persons  to  t;6oB?  &c# 
withdrawe   any  of  the  subjects  or   people  inhabiting,  or  for  the  2 
which  shall  inhabit  within  any  of  the  said  several  colonies  yjjjjjj-^ 
and  plantations  from  the  same,  or  from  their  due  allegi- 
ance, unto  us,  our  heires  and  successors,  as  their  immedi-      Penalty 
ate  soveraigne  under  God;  and  if  they  shall  find  within  Jawing" 
any  of  the  said  colonies  and  plantations,  any  person  or  any  of  tho 
persons  soe  seeking  to  withdrawe  any  of  the  subjects  of  people 
us,  our  heires  or  successors,  or  any  of  the  people  of  those  [eiigionm- 
lands  or  territories,  within  the  precincts  aforesaid,  they  allegiance, 
shall  with  all  diligence,  him  or  them  soe  offending  cause 
to  be  apprehended,  arrested,  and  imprisoned,  nntil  he  shall 
fully  and  throughly  reforme  himselfe,  or  otherwise,  when 
the  cause  soe  requireth,  that  he  shall,  with  all  convenient 
speed  be  sent  into  our  realme  of  England,  here  to  receive 
condigne  punishment  for  his  or  their  said  offence  or  of-      How 
fences;  and  moreover  wee  doe  hereby  ordaine  and  estab-   lands  to 
lish  for  us,  our  heires  and  successors,  that  all  the  lands,  te-  descend 
nements,  and  hereditaments  to  be  had  and  enjoyed  by  any  anc  pas? 
of  our  subjects  within  the  precincts  aforesaid,  shal  be  had 
and  inherited  andinjoyed,  according  as  in  the  like  estates 
they  be  had  and  enjoyed  by  the  lawes  within  this  realme 
of  England ;  and  that  the  offences  of  tumults,  rebellion, 
conspiracies,  mutiny  and  seditions  in  those  parts  which 
may   be  dangerous   to   the  estates  there,  together  with 
murther,  manslaughter,  incest,  rapes,  and  adulteries  com-   Howcev- 
mitted  in  those  parts  within  the  precincts  of  any  the  de-  ces  t0  be 
grees    above  mentioned  (and  noe  other  offences)  shal  be   punished. 
punished  by  death,  and    that  without  the  benefit  of  the 
clergy,  except  in  case  of  manslaughter,  in  whichclergie  is 
to  be  allowed,  and  that  the  said  several   presidents  and 
councells,and  the  greater  number  of  them,  within  every  of 
the  several  limits  and  precincts,  shall  have  full  power  and 
authority,  to  hear  and  determine  all  and  every  the  offen- 
ces aforesaid,  within  the  precinct  of  their  several  colonies, 
in  manner  and  forme  following,  that  is  to  say,  by  twelve  Trial  by 
honest  and  indifferent  persons  sworne  upon  the  Evange-  jury, 
lists,  to  be  returned  by  such  ministers  and  officers  as  every 
of  the  said  presidents  and  councells,  or  the  most  part  of 
them   respectively  shall  assigne.  and  the  twelve  person? 


7W 


ANCIENT  CHARTERS. 


1606. 

Afov.  20th. 

4th  James 
1st. 

Instruc- 
tions, &c. 
for  the  2 
colonies  of 
Virginia. 

Judgment 
on  stand- 
ing mute, 
ur  by  con- 
fession. 


President 
and  coun- 
cil to  pro- 
nounce 
judgment. 


Reprieve 
by  the 
president 
and  coun- 
cil,— par- 
don by  the 
king. 


Offenders 

to  be  tried 
in  their  co- 
lony. 

President 
h  council 
to  have 
power  to 
hear  and 
determine 
all  civil 

fSHFSPS 


soe  returned    and    sworne   shall,  according  to  their  evi- 
dence to  be  given  unto  them  upon  oath  and  according  to 
the  truth,  in   their   consciences,  either  convict  or  acquit 
every  of  the  said  persons  soe  to  be  accused  and  tried  by 
them,  and    that  all  and   every  person  or  persons,  which 
shall   voluntarily  confesse  any  of  the  said  offences  to  be 
committed  by  him,  shall,  upon  such  his  confession  there- 
of, be  convicted  of  the  same,  as  if  he  had  been  found  guil- 
ty of  the  same,  by  the  verdict  of  any  such  twelve  jurors, 
as  is  aforesaid;  and  that  every  person  and  persons  which 
shall  be  accused  of  any  of  the  said   offences,  and  which 
shall  stand  mute,  or  refusing  to  make  direct  answer  there- 
unto, shall  be,  and  he  held  convicted  of  the  said  offence, 
as  if  he  had  been  found  guilty  by  the  verdict  of  such  twelve 
jurors,  as  aforesaid;  and  that  every  person  and  persons 
soe   convicted,  either  by  verdict,  his  own  confession,  or 
by   standing  mute,  or  by  refusing  directly  to  answer  as 
aforesaid  of  any  the  offences    before  mentioned,  the  said 
presidents,  or  councells,  or  the  greatest  number  of  them 
within  their  several  precincts  and  limitts,  where  such  con- 
viction shall  be  had  and  made  as  aforesaid,  shall  have  full 
power  and  authority,  by  these  presents,  to  give  judgment 
of  death  upon  every  such  offender,  without  the  benefit  of 
the  clergy,  except  only  in  cause  of  manslaughter,  and  noe 
person  soe  adjudged,  attainted,  orcondemned  shall  be  re- 
prived  from  the  execution  of  the  said  judgment,  without 
the  consent  of  the  said  president  and  councel  or  the  most 
part  of  them  by  whom  such  judgment  shall  be  given  ;  and 
that  noe  person  shal  receive  any  pardon,  or  be  absolutely 
discharged  of  any  the  said  offences,  for  which  he  shall  be 
condemned  to  death  as  aforesaid,  butby  pardon  of  us,  our 
heires  and  successors,  under  our  great  seale  of  England  ; 
and  wee  doe   in   like  manner  establish  and  ordaine,  if 
any  either  of  the  said  collonies  shall  offend  in  any  of  the 
offences  beforementioned,  within  any  part  between  the  de- 
grees aforesaid,  out  of  the  precincts  or  his  or  their  collo- 
ny,  that  then  every  such  offender  or  offenders  shall  be  tried 
and  punished  as  aforesaid  within  his  or  their  proper  collo- 
ny ;  and  that  every  the  said  presidents  and  councells,  with- 
in their  several  limits  and  precincts,  and  the  more  part  of 
them  shall  have  power  and  authority  by  these  presents,  to 
hear  and  determine  all  and  every  other  wrongs,  trespasses, 
offences,  and  misdemeanors  whatsoever,  other  than  those 
before  mentioned,   upon    accusation  of  any  person,  and 
proofe  thereof  made,  by  sufficient  witnesse  upon  oath  ;  and 
that  in  all  those  cases  the  said  president  and  councel,  and 


ANUlEInT  charters;  ?1 

the  greater  number  of  them,  shall  have  power  and  autho-  1606. 
rity,  by  these  presents  respectively,  as  is  aforesaid,  to 
punish  the  offender  or  offenders,  either  by  reasonable  cor- 
poral punishment  and  imprisonment,  or  else  by  a  conve-  4th  James 
nient  fine,  awarding  damages  or  other  satisfaction,  to  the  lst- 
party  grieved,  as  to  the  said  president  and  r.ouncell,  or  to  ^^^ 
the  more  part  of  them,  shall  be  thought  fitt  and  conve-  tions,&c. 
nient,  having  regard  to  the  quality  of  the  offence,  or  state  for  the  2 
of  the  cause:  and  that  alsoe  the  said  president  and  conn-  colonies  of 

iini  !•!•  ri  Virginia. 

eel,  shall  have  power  and  authority,  by  virtue  of  tiiese  pre- 
sents, to  punish  all  manner  of  excesse,  through  drunken- 
nesse  or  otherwaise,  and  all  idle  loytering  and  vagrant  per-  e°J!™"*11 
sons,  which  shall  be  found  within  their  several  limits  and   &. drunken- 
precincts,  according  to  their  best  discretions,  and  with  such  ness 
convenient  punishment,  as  they  or  the  most  part  of  them 
shall  think  fitt ;  alsoe  our  will  and  pleasure,  concerning  the   How  judi- 
iudicial   proceedings  aforesaid,  iliat  the  same   shall    be  cialpro- 
made  and  done  summarily*  ami  verbally  withuut  writing,   ueentere<}, 
until  it  come  to  the  judgment  or  sentence,  and  yet  never- 
theless our  will  and  pleasure  is,  that  every  judgment  and 
sentence  hereafter  to  be  given  hi  any  the  causes  aforesaid, 
or  in  any  other  of  the  said  several  president?  and  councells, 
or  the  greater  number  of  them,  within  their  several  limits 
and  precincts,  shall  be  breifely  and  summarily  registered 
into  a  book,  to  be  kept  for  that  purpose,  together  with  the 
clause  for  which  the  said  judgment  or  sentence  was  given  ; 
and  that  the  said  judgment  and  sentence,  so  registered  and 
written,  shall  be  subscribed  with  the  hands  or  names  of  the 
said  president  and  councel,or  such  of  them  as  gave  the  judg- 
ment or  sentence ;  alsoe  our  will  and  pleasure  is,  and  wee 
doe  hereby  establish  and  ordaine,  that  the  said  several  How  the 
,  ollonies  and  plantations,  and  every  person  and  persons  ^g°t"'^d 
of  the  same,  severally  and  respectively,  shall  within  eve-  for  the  first 
ry  of  their  several  precincts,  for  the  space  of  five  years,  5  years. 
next  after  their  first  landing  upon  the  said  coast  of  Virgi- 
nia and  America,  trade  together  all  in  one  stocke  or  de- 
videably,  but  in  two  or  three  stocks  at  the  most,  and  bring 
not  only  all  the  fruits  of  their  labours  there,  but  alsoe 
all  such   other  goods  and  commodities  which  shall   be 
brought  out  of  England,  or  any  other  place,  into  the  same 
collonies,  into  severall  magazines  or  store  houses,  for  that 
purpose  to  be  made,   and  erected  there,  and  that  in  such 
order,  manner  and  form,  as  the  councel  of  that  collony, 
or  the  more  part  of  them  shall  sett  downe  and  direct  ;  and 
Out  will  and  pleasure  is,  and  wee  doe  in  like  manner  or- 
daine,  that  in  every  of  the  said  rollonie^  and  plantation* 


T2 


ANCIENT  CHARTERS. 


1606. 

Nov.  20th. 

4th  James 
1st. 

Instruc- 
tions,^, 
for  the  2 
colonies  of 
Virginia. 

Cape- 
merchant. 


Clerks 


Books 


Maga- 
zines. 


Compa- 
nies. 


there  shall  be  chosen  there,  elected  yearely,  by  the  presi- 
dent and  councell  of  every  of  the  said  several  colonies  and 
plantations  or  the  more  part  of  them,  one  person,  of  the 
same  colony  and  plantation,  to  be  treasurer  or  cape-mer- 
chant of  the  samecollony  and  plantation  to  take  the  charge 
andmannageinge  of  all  such  goods,wares  and  commodities, 
which  shall  be  brought  into  or  taken  out  of  the  severall  ma- 
gazines or  storehouses  ;  the  same  treasurer  or  cape- mer- 
chant to  continue  in  his  office  by  the  space  of  one  whole 
year,  next  after  his  said  election,  unless  he  shall  happen  to 
dye  within  the  said  year,  or  voluntarily  give  over  the  same, 
or  be  removed  for  any  just  or  reasonable  cause;  aud  that 
thereupon  the  same  presidest  and  councell,  or  the  most 
part  of  them,  shall  have  power  and  authority  to  elect  him 
again  or  any  other  or  others  in  his  room  or  stead,  to  con- 
tinue in  the  same  office  as  aforesaid  ;  and  that  alsoe  there 
shall  be  two  or  more  persons  of  good  discretion  within 
every  of  the  said  colonies  and  plantations  elected  and  cho- 
sen yearely  during  the  said  terme  of  five  years,  by  the  pre- 
sident and  councell  of  the  same  collony,  or  the  most  part  of 
them  respectively,  within  their  several  limits  and  pre- 
cincts, the  one  or  more  of  them  to  keep  a  book  in  which 
shall  be  registered  and  entred  all  such  goods,  wares,  and 
merchandizes,  as  shall  be  received  into  the  several  ma- 
gazines or  storehouses  within  that  collony,  being  appoint- 
ed for  that  purpose,  and  the  other  to  keep  a  like  book, 
wherein  shall  be  registred  all  goods,  wares,  and  merchan- 
dizes which  shall  issue  or  be  taken  out  of  any  the  severai 
magazines  or  store-houses  of  that  collony,  which. clarks 
shall  continue  in  their  said  places  but  att  the  will  of  the 
president  and  councell  of  that  colony,  whereof  he  is  or  of 
the  major  part  of  them  ;  and  that  every  person  or  every 
the  said  several  colonies,  and  plantations  shall  be  furnish- 
ed with  all  necessaries  out  of  those  several  magazines  or 
storehouses  which  shall  belong  to  the  said  colony  and 
plantation,  in  which  that  person  is,  for  and  during  the 
terme  and  time  of  five  yeares,  by  the  appointment,  direc- 
tion and  order  of  the  president  and  councell  there,  or  of 
the  said  cape-merchant  and  two  clerks  or  of  the  most  part 
of  them,  within  the  said  several  limits  and  precincts  of 
the  said  colonies  and  plantations  ;  alsoe  our  will  and  plea- 
sure is,  and  wee  doe  hereby  ordain,  that  the  adventurers 
of  the  said  first  colony  and  plantation,  shall  and  may  du- 
ring the  said  terme  of  five  years,  elect  and  choose  out  of 
themselves  one  or  more  companies,  each  company  con- 


one  or 
more  com- 


ANCIENT  CHARTERS.  It 

bi  sting  of  three  persons  att  the  least  who  shall  be  resident      1G06. 
att  or  neer  London,  or  such  other   place,  and  places,  as 
the  couucell  of  the  colony  for  the  time  being,  or  the  most 
part  of  them  during  the  said  live  years  shall  think  fitt,  who  4th  James, 
shall  there  from  time  to  time  take  charge  of  the  trade  an         lst 
accompt  of  all  such  goods,  wares  and  merchandizes,  and   .v^"v^w/ 
other  things  which  shall  be  sent  from  thence  to  the  com-  tioIls"&c 
pauv  of  the  same  colony,  or  plantation  in  Virginia,   and   forthe2 
likewise  of  all  such  wares,  goods  and  merchandizes,  as  colon,«;sot 

ii  i      i  i  i  -ii  i  •  Virginia. 

shall  be  brought  from  the  said  colony  or  plantation  unto 
that  place  within  our  realme  of  England,  and  of  all  things 
concerning  the  niannaging  of  the  affaires  and  profits  con- 
cerning the  adventurers  of  that  company  which  shall  soe 
passe  out  of  or  come  into  that  place  or  port ;  and  like- 
wise our  will  and   pleasure  is,  th.it  the  adventurors  in  the  A(lvenllt" 

r  *  rcrs  i i&  the 

said  second  colony  and  plantation  shall  and  may  during  second  co- 
t he  said  ter me  of  five  years  elect  out  of  themselves,  one   lonymay 
or  more    companies,  each   company  consisting  of  three   "^l.'^c't 
persons  att  the  least,   who  shall    be  resident  att,  or^ear  outof 
Plymouth  in  our  county  of  Devon,  within  our  realme  of  themseive 
England,  and  att  such  one,  two,  or  three  other  places  or 
ports,  as  the  councell  of  that  colony,  or  the  most  part  of  panies 
them  shall    think  fitt,  who  shall  there,  from  time  to  time, 
take  care  and  charge  of  the  trade,  and  account  of  all  such 
goods,  wares,  merchandizes  and  other  things,  which  shall 
be  sent  from  thence  from  the  same  colony  and  plantation  Their 
in  Virginia,  and  likewise  of  all    such   goods,  wares,  and   power  and 
merchandizes  as  shall    be   brought  from   the  said  colony  dutv 
and  plantation  in  Virginia,  into  our  realme  of  England. 
and  of  all  things  concerning   the   niannaging  of  the  af- 
faires and  profits  of  the   adventurors  of  that  company  ; 
alsoe  our  will  and  pleasure  is,  that  no  person  or  persons 
shall  be  admitted  into  any  of  the  said  colonies  and  planta-  Colon, 
tions  there  to  abide  and  remaine,  but  such  as  shall  take  not  to  fa^e 
only  the  usual  oath  of  obedience  to  us,  ourheires,  and  sue-   ^ths"1 
cessors,    but   alsoe  the  oath  which    is  limitted  in  the  last 
session  of  Parliament  holden  at  Westminster  in  the  fourth 
year  of  our  raigne,  for  their  due  obedience  unto  us,  our 
heires  and  successors,  that  the  trade  to,  ami  from  any  the 
colonies  aforesaid  may    be   mannaged  to,  and  from  such 
port-  and  places,  within  our  realme  of  England,  as  is  be- 
fore in  these  articles  intended,  any  thing  set  down  hereto- 
fore to  the   contrary  notwithstanding,  and  that  the  said   President 
President  and  Cyuncell  of  each  of  the  said  colonies,  and    an^eoiM 

tbi  in.  in  pan  of  them  respectively  shall  awi  may  lawful- 

K 


74  ANCIENT  CHARTERS. 

1606.  iy  from  time  to  time  constitute,  make  and  ordaine  such 

constitutions,   ordinances,  and  officers,  for  the  better  or- 

Nov.  20th.  jjg,^  government  and  peace  of  the  people  of  their  several 

*th  James  collonies,  soe  ahvaies  as  the  same  ordinances,  and  consti- 

ist  tutions  doe  not  touch  any  party  in  life  or  member,  which 

v-*~^~",w/  constitutions,  and  ordinances  shall  stand,  and  continue  in 

Tnsnuc-  fujj  force   untiH  the  same  shall  be   otherwise  altered,  or 

lions,  &C.  .' 

for  the  2  made  void,  by  us,  our  heires,  or  successors,  or  our,  or 
colonies  of  their  councel  of  Virginia,  soe  alwaies  as  the  same  altera- 
tions, be  such  as  may  stand  with,  and  be  in  substance  con- 
May  pass  sonant  unto  the  lawes  of  England',  or  ihe  equity  thereof  j 
ordi-  furthermore,  our  will,  and  pleasure  is,  and  wee  doe  hereby 

g.cnc  determine  and  ordaine,  that  every  person  and  persons  be- 

ing our  subjects  of  every  the  said  collonies  and  plantations 
shall   from  time  to  time  well  entreate  those  salvages  in 
Must  pro-    those  parts,  and  use  all  good  meanes  to  draw  the  salvages 
motecivi-     and  heathen  people  of  the  said  several  places,  and  of  the 
amon°°the  ter™tories  an^  countries  adjoining  to  the  true  service  and 
Indians.       knowledge  of  God,  and  that  all  just,  kind  and  charitable 
courses,  shall  be  holden  with  such  of  them  as  shall  con- 
forme  themselves  to  any  good  and  sociable  traffique  and 
dealing  with  the  subjects  of  us,  our  heires  and  successors, 
which  shall  be  planted  there,  whereby  they  may  be  the 
sooner  drawne  to  the   true   knowledge  of  God,  and  the 
obedience  of  us,   our  heires,   and  successors,  under  such 
severe  paines  and  punishments,  as  shall   be  inflicted  by 
the   same    several  presidents  and    councells  of  the  said 
several  colonies,  or   the  most  part  of  them  within  their 
several  limits  and  precincts,  on  such  as  shall  offend  there- 
in, or  doe  the  contrary  ;  and  that  as  the  said  territories  and 
countries  of  Virginia  and  America  within    the  degrees 
aforesaid  shall  from  time  to  time  increase  in  plantation  by 
■o  our  subjects,  wee,  our  heires  and  successors  will  ordaine 

Provision  ,    - . J  ' ,  ,  ,  ~       ,  i 

for  further  and  give  such  order,  and  further  instructions,  lawes,  con- 
ordi-  stitutions    and   ordinances   for  the  better  order,  rule  and 

nances,  government  of  such,  as  soe  shall  make  plantations  there, 
as  to  us.  our  heires  and  successors,  shall  from  time 
to  time  be  thought  fitt  and  convenient,  which  alwaies 
shall  be  such,  as  may  stand  with,  or  be  in  substance, 
consonant  unto  the  lawes  of  England,  or  the  equity  there- 
of, and  lastly  wee  doe  ordaine,  and  establish  for  us,  our 
heires  and  successors,  that  such  oath  shall  be  taken  by 
each  of  our  councilors  here  for  Virginia  concerning 
their  place  and  office  of  councell,  as  by  the  privy  coun- 
cell  of  us,  our  heires  and  successors  of  this  our  realme 


ANCIENT  CHARTERS. 


75 


of  England,  shall  be  in  that  behalf  limited  and  appointed; 
and  that  each  councellor  of  the  said  colonies  shall  take 
such  oath,  for  the  execution  of  their  place  and  office  of 
councel,  as  by  the  couucel  of  us,  our  heires  and  succes- 
sors here  in  England,  for  Virginia  shall  in  that  behalfe  be 
limited  and  appointed,  and  as  well  those  several  articles 
and  instructions  herein  mentioned  and  contained,  as  alsoe 
all  such  as  by  virtue  hereof  shall  hereafter  be  made  and 
ordained,  shall  as  need  shall  require,  by  the  advice  of  our 
councel  here  for  Virginia  shall  be  transcripted  over  unto 
the  said  several  councells  of  the  said  several  colonies,  un- 
der the  seale  to  be  ordained  for  our  said  councell  here  for 
Virginia.     In  witnesse,  he. 


1606. 

Nov.  20th. 

4th  James 
1st. 

Instruc- 
tions, &c. 
for  the  2 
colonies  ot' 
Virginia. 
Council- 
lors to  take 
an  oath. 


76 


ANCIENT  CHARTERS 


1007. 
March  9. 

1th  James 
1st. 


Kecital. 


Ancient 
&y.ords. 


An  Ordinance  and  Constitution  enlarging  the  number  of 
our  C ounce! for  the  two  several  Colonies  and  Plantations 
in  Virginia  and  America,  between  thirty-four  and  forty- 
five  degrees  of  northerly  latitude,  and  augmenting  their 
authority,  for  the  better  directing  and  ordering  of  such 
things  as  shall  concerns  the  said  Colony. 

[From  a  MS. record  book  in  the  Land-  Office  of  Virginia — 

Book  No.  2.] 

JAMES,  by  the  grace  of  God,  Sic.  Whereas  wee,  by 
our  letters  patents,  under  our  great  seale  of  England, 
bearing  date  the  tenth  day  of  April  last  past,  have  given 
lvcence  to  sundry  our  loving  subjects,  named  in  the  said 
letters  patents,  and  to  their  associates,  to  deduce  and  con- 
duct two  sevevnl  colonies  or  (a)  plantations  of  sundry  our 

VARIOUS     READINGS. 

(a)    '•'  £nd"   in   the  ancient  records  relating  to  Virginia.     These  arc- 
contained  in  three  large   folio  volumes,   MS.  which  wore  purchased  by 
William  Byrd.    Esq    of  W  estover,  at  the  sale  of  the  library  of  the  Earl 
of  Southampton,  who,  tor  many   years,  was    president  of  the  London 
Company.     They  are  a  rich  mine  of  information,  and  seem  to  have  been 
compiled,  without  much  regard  to  method,  for  the  express   purpose  of 
forming  materials  for  a  history  of  Virginia.     Thai  they  are  a  compila- 
tion, is  obvious  from  several  circumstances  ;  Jlrsl,  that  the  orthography 
of  tlie  age,  the  events  of  which  are  recorded,  is  not  preserved  ;  secondly, 
that  in  some  instances,  blanks  are  left  for  words  which  it  is  presume.!, 
wen-  so  obliterated  in  the  original,  that  the  transcriber  could  not  make 
them  out;  and  thirdly,  that  the  papers  are  not  arranged  in  chronologi- 
cal order.     But  with  respect  to  their  authenticity  there  can  I 
It  is  well  known  that  Col.  Byrd  was   Ions;  engaged  in  collecting  materi- 
als  for  some  future  historian  of  Virginia;  and  the   respectable  source 
from   which  these  papers  were  derived,   forbids  the  idea  of  their  being 
spurious.     Besides,  as  far  as  we  have  had  an  opportunity  of  comparing 
them  with   cotemporaneous   papers   either  printed  or  manuscript,  they 
agree  as  nearly  as  could  be  expected.     These  volumes  contain  minutes 
of  the    proceedings  of  the    London   Company,    and    an  epitome  of  the 
legislative  and  judicial  acts  of  the  constituted  authorities  in  Virginia,  so 
far  at  least,  as  they  were  then  extant,  which  were  regularly  transmitted 
to   England.     The  late  John    Burk,  Esq.  who  had  completed  three  vo- 
lumes of  tlie  History  of  Virginia  when  he  was  snatched  away  by  a  pre- 
mature death,  was   favored   with  the  use  of  these  manuscripts  by  John 
Randolph,  esquire,  into  whose  hands  they  had  fallen.     Mr.  Burk  made 
frequent  reference  to  them,  in  (he  course  of  his  work,  and  reserved  for 
a  ;•(  n  >ral  appendix,  all  the  most  important  papers.     They  are  now  in  the 
possession  of  Skelton  Jones,  Ksq.  who   has  undertaken  to  complete  the 
History   of   Virginia,  left    unfinished   by   his   predecessor.       From    tin- 
well  known  talents  of  this  gentleman,  and  his  celebrity  as  a  writer,  the 
public,  it  is  believed,  will  have  no  cause  to  regret  the  change  of  histo- 
rian-, notwithstanding  the  deservedly  hijjh  reputation  of  Mr.  Burk  as  an 


ANCIENT  CHARTERS.  77 

loving  people,  willing  to  abide  and  inhabit  in  certaine  1607. 

parts  of  Virginia  and  America,  and  divers  preheminen-  March  9. 
ces,  priviledges.  authorities  and  other  things  as  in  and  by         James 
the  said  letters  patents  more  particularly  it  appeareth;        |gt 

and  whereas  wee,  according  to  the  effect  and  true  mean-  ^s^***/ 
ing  of  the  said  letters  patents,   have,  by  a  former  instru- 

■      •  i  i  i         j     •  i  j  i    j    Ordinance 

merit  signed  with  our  hand  and  signe  mauuel,  and  sealed   &c  en_ 
with  our  privy  seal  of  our  realme  of  England,  established   lagging 
and  ordained,  that  our  trusty  and  wel- beloved  Sir  Willi-   'l^coun' 
am  Wade,  knight,  our  Lieutenant  of  our  Tower  of  Lon- 
don. Sir  Thomas  Smith,  knight,  Sir  Walter  Cope,  knight, 
Sir  George  Moor,  knight,  Sir  Francis  Popeham,  knight, 
Sir  Ferdinando  Gorges,  knight,  Sii  John  Trevor,  knight, 

•      tt  t»c  i      •    i  ..  i  r  ••*  c  Former 

Sir  Henry  Montague,  knight,  recorder  of  our  citty  ot  council. 
liondon,  Sir  William  Rumney,  knight,  John  Dodderidae,  lors. 
Esqr.  (b)  our  solicitor  general,  Thomas  Warr,  Esq.  Jo'n 
Eldred  of  our  city  of  London,  merchant,  Thomas  James 
of  our  citty  of  Bristol,  merchant,  and  James  Bagge  of 
Plymouth,  in  our  county  of  Devon,  merchant,  should  (c) 
be  our  councel  for  all  matters  which  »hould  (c)  happen 
in  Virginia  or  any  territories  of  America  aforesaid,  or 
any  actions,  businesse  or  causes,  for  and  concerning  the 
same,  which  councel  is  from  time  to  time  to  be  increased, 
altered,  or  changed  att  the  nomination  of  us,  our  heires 
and  successors,  and  att  our  and  their  will  and  pleasure; 
and  whereas  our  said  councel  have  found  by  experience,  . 
their  number  being  hut  fourteen  in  all,  and  most  of  them  number. 
dispersed  by  reason  of  their  several  habitations  far  and 
remote  the  one  from  the  other,  and  many  of  them  in  like 
manner  far  remote  from  our  citty  <>f  London,  where,  if 
need  require,  they  may  receive  directions  from  us  and 
our  privy  councel,  and  from  whence  instructions  and  di- 
rections may  be  by  them  left  and  more  readily  given,  for 
the  said  colonies,  that  when  very  needful  occasion  requir- 
f.th,  (d)  there  cannot  be  any  competent  number  of  them, 
by  any  meenes  be  drawne  together  for  consultation ;  for 
remedy  whereof  our  said  loving  subjects  of  the  several  co- 
lonies aforesaid,  have  been  humble  suitors  unto  us,  and 
have  to  that  purpose  offered  unto  our  royal  consideration, 
the  names  of  certaine  sage  and  discreet  persons,  and  hav- 
ing with  the  liko  humility  entreated  us,  that  the  said  per- 
ron !OU«    READINGS. 

Knight,"  ancient  records  |  " shall,''  ancient  reeowts 

*<l\  Tlif  "•'•■  tth    not  in  ancient  recorrli 


7ft 


ANCIENT  CHARTERS. 


1607. 

March  9. 

4th  James 
1st 


Ordinance 
&.c.  en- 
larging 
the  coun- 
cils. 


Additional 
councillors 
nominated 
by  the  1st 
colony. 


By  the  2d. 
'•olonv. 


Any  12 
may  act. 


sons  or  soe  many  of  them,  as  to  us  should  seem  good, 
might  be  added  unto  them,  and  might  (during  our  plea- 
sure) be  of  our  councel  for  the  foresaid  colonies  of  Virgi- 
nia, wee  therefore,  for  the  belter  establishing,  disposing, 
orderring  and  directing  of  the  said  several  colonies,  with- 
in the  degrees  aforesaid,  and  of  all  such  affaires,  matters, 
and  things,  as  shall  touch  and  concerne  the  same,  doe  by 
these  presents,  signed  with  our  (e)  hand  and  signe  manu- 
el,  and  sealed  with  our  privy  seale  of  our  realme  of  Eng- 
land, establish  and  ordaine,  that  our  trusty  and  well   be- 
loved Sir  Thomas  Challonor,  knight,  Sir  Henry  Nevil, 
knight,  Sir  Fulks  Grevil,  knight,  Sir  Jo'n  Scot,  knight, 
Sir  Robert  VI  ansnVld,  knight,  Sir  Oliver  Cromwell,  knight, 
Sir  Morrice  Berkeley,  [/]   knight,  Sir  Edward  Michil- 
bourne,  knight,  Sir  Thomas  Holcroft,  knight,  Sir  Tho- 
mas Smith,  knight,  clerk  of  our  privy  councel,  Sir  Robert 
Kelligrew,  knight,  Sir  Robert  Croft,  knight,  Sir  George 
Kopping,  kniuht,  SirEdwyn  Sandys,  knight,  Sir  Thomas 
Row,  knight,  and  Sir  A'nthTihyralmer,  knight,  nomina- 
ted unto  us  by  and  on  the  behalfe  of  the  said  first  colony; 
Sir  Edward  Hungerford,  knight,  Sir  Jo'n  Mallet,  knight, 
Sir  John  Gilbert,  knight.  Sir  Thomas  Freake  \g\  knight, 
Sir  Rir  hard  Hawkings,  knight,  Sir  Bartholomew  Mitchel, 
knight,  Edward  Seamour,  Esq.  Bernard  Greenville,  Esq. 
Edward  Rodgers,  Esq.  and  Matthew  Sutcliffe,  Doctorof 
Divinity,  nominated  to  us  by  and  on  the  behalfe  of  the 
said  second  colony  shall,  together  with  the  persons  for- 
merly named,  beour  councel  for  all  matters,  which  shall  or 
may\K]  conductto  the  aforesaid  plantations,  or  which  shall 
happen  in  Virginia  or  any  the  territories  of  America,  be- 
tween thirty-four  and  forty-five  degrees  of  northerly  lati- 
tude from  the  aequinoctial  line,  and  the  Islands  to  the  se- 
veral  colonies   limited  and    assigned.     That  is  to  say, 
the   first  colony,   from   thirty-four  to  forty-one  degrees 
of  the  said    latitude,    and  the    second    colony    between 
thirty-eight  and  forty-five  degrees  of  the  said  latitude; 
and  our  further  will  and  pleasure  is,  and  by  these  presents 
for  us,  our  heires  and  succe*c  >rs,  wee  doe  grant  unto  our 
said  councel  of  Virginia,  thatthey  or  any  twelve  of  them 


VARIOUS    READINGS. 

[c]  u  Our,"  not  in  ancient  records.     [/]  "  Berthley,"  ancient  records. 

[g]  '-Freak,"  ancient  records. 

Th\  "  May  arid  shall."  ancient  verm-rU 


their  offi- 
cers. 


ANCIENT  CHARTERS.  ?$ 

att  the  least  for  the  time  being  whereof  six  att  the  least     1607. 
to  be  members  of  one  of  the  said  colonies,  and  six  more 
att  the  least  to   be   members  of  the  other  rolony,  shall  Ma,ch9- 
have  full  power  and  authority,  to  ordaine.  nominate,  elect,  4th  James 
and  cli^ose  any  other  person,  or  persons  at  their  discreti-         **'• 
on  to  be  and  to  serve  as  officer  or  officers,  to  all  offices    ^*^-»~ 
and  pfaces,  that  shall  by  them  be  thought  fitt  and  requisite  ordinan 
for  the  businesse  and  affaires  of  our  said  councel,  and  con-  &c.  enlare 
earning  the  plantation  or  plantations  aforesaid,  and  for  in£,hf 
the  summoning,  calling,  and  assembling  of  the  said  coun- 
cel, together  when  need  shall  require,  or  for  summoning 
and  calling  before  the  said  councel,  any  of  the  adventur- 
ors,  or  others  which  shall  passe  on  (i)  unto  the  said  se-  T1,e,rP°w- 
veral  colonies  to  inhabit  or  to  traffirk  there  or  any  other 
such  like  officer,  or  offirers,  which  in  time  shall  or  may  be 
found  of  use    behoofe  or  importance  unto  the  (k)  councel 
aforesaid  (7)  (And  the  said  council  or  any  twelve  of  them 
as  is  aforesaid  shall   have  full  power  and  authority  from   May 
time  to  time  to  continue  or  to  alter  or  change  the  said  of-  change^ 
ficers  and  to  elect  and  appoint  others  in  their  roomes  and 
places,  to  make  and  ordain  acts  and  ordinances  for  the 
better  ordering  disposing  and  marshalling  of  the  said  se- 
veral colonies  and  the  severai  adventurers  or  persons  go- 
ing to  inhabit  in  the  same  several  colonies,  or  of  any  pro- 
vision or  provisions  for  the  same,  or  for  the  direction  of 
the  officers  aforesaid,  or  for  the  making  of  them  to  be  sub- 
ordinate or  under  jurisdiction  one  of  another,  and  to  do 
and  execute  all  ami  every  of  their  actand  things  which  by 
any  our  grants  or  letters  patents  heretofore  made  they  are 
warranted   or  authorised   to  do  or  execute  so  as  always 
none  of  the  said  acts  and  ordinances    r  other  things  be 
contrary  or  repugnant  to  the  true  intent  and  meaning  of 
our  said  letters  patents  granted  for  the  plantation  of  the 
said  several  colonies  in  Virginia  and  territories  of  Ame- 
rica as  aforesaid,  or  contrary  to  the  laws  and  statutes  in 
this  our  realm  of  England,  or  in  derogation  of  our  prero- 
gative royal.     Witness  ourself  at  Westminster,  the  ninth 
day  of  March,  in  the  year  of  our  reign  of  England,  France 
and  Ireland  the  fourth,  and  of  Scotland  the  fortieth,  &tc] 

VARIOUS    READINGS. 

[i]  ::  I     •        -Ancient  records,     [k]  "  Tltt"  omitted  in  ancient  records. 

(7)  From  ilie  beginning  to  the  word  "  aforesaid"  is  taken  from  a  MS. 
Record-Book  in  the  land-office  of  Virginia  ;  the  remainder,  from  the  an- 
i  records  •  •'  Virginia;  before  mentioned  in  note  (a). 


so 


ANCIENT  CHARTERb 


The  Second  Charter  to  the  Treasurer  and  Company,  for 
Virginia,  erecting  them  into  a  Corporation  and  Body 
Politic,  and  for  the  further  enlargement  and  explanation 
of  the  privileges  of  the  said  Company  and  First  fJolony 
of  Virginia. 


(Dated  May  23d,  1609.      7  James  1st 

No.  2.) 


-Stith's  A]>p. 


Second 
charter  to 
the  treasu- 
rer and 
company 
iw  Virgi- 
nia. 

Recital. 


I.  JAMES,  by  the  grace  of  God,  king  of  England, 
Scotland,  France,  and  Ireland,  defender  of  the  faith,  &c. 
To  all,  to  whom  the<e  presents  shall  come,  greeting. 
Whereas,  at  the  humble  suit  and  request  of  sundry  our 
loving  and  well  disposed  subjects,  intending  to  deduce  a 
colony,  and  to  make  habitation  and  plantation  of  sundry 
our  people,  in  that  part  of  America,  commonly  called 
Virginia,  and  other  parts  and  territories  in  America,  ei- 
ther appertaining  unto  us,  or  which  are  not  actually  pos- 
sessed of  any  christian  prince  or  people,  within  certain 
bounds  and  regions.  We  have  formerly  by  our  letters- 
patents,  bearing  date  the  tenth  day  of  April,  in  the  fourth 
year  of  our  reign  of  England,  France,  and  Ireland,  and 
of  Scotland  the  nine  and  thirtieth,  granted  to  sir  Thomas 
Gates,  sir  George  Somers,  and  others,  for  the  more  spee- 
dy accomplishment  of  the  said  plantation  and  habitation, 
that  they  should  divide  themselves  into  two  Colonies  (the 
one  consisting  of  divers  knights,  gentlemen,  merchants, 
and  others,  of  our  city  of  London,  called  the  first  colony  ; 
and  the  other  consisting  of  divers  knights,  gentlemen,  and 
others,  of  our  cities  of  Bristol,  Exeter,  and  town  of  Pli- 
mouth,  and  other  places,  called  the  second  colony)  and 
have  yielded  and  granted  many  and  sundry  privileges  and 
liberties  to  each  colony,  for  their  quiet  settling  and  good 
government  therein,  as  by  the  said  letters-patents  more  at 
Jarge  appeareth : 


Wri  a  peti- 
tion for  a 
further  en- 
largement 
and  expla- 
nation 
thereof. 


II.  Now,  forasmuch  as  divers  and  sundry  of  our  lov- 
ing subjects,  as  well  adventurers,  as  planters,  of  the  said 
first  colony,  which  have  already  engaged  themselves  in 
furthering  the  business  of  the  said  colony  and  plantation, 
and  do  further  intend,  by  the  assistance  of  Almighty  God. 


ANCIENT  CHARTERS.  81 

to  prosecute  the  same  to  a   happy  end,  have  of  late  been      1609. 
humble   suitors  unto   us,  that  (in  re«pect    of  their  great     ■'       % 

,  ,  L  '         ..    v  V.  ..     .     ,.  \  ■    \      May  23d. 

charges  and  tne  adventure  of  many  of  their  lives,  which 
thev  have  hazarded  in  the  said  discoverv  and   plantation    7th  James 
of  the  said  country)  we  would  be  pleased  to  grant  them  a        lst 
further    enlargement   and  explanation  of  the  said  grant,   0"f~Y~^ ' • 
privileges,  and  liberties,  and   that  such  counsellors,  and   ^otiie 
other  officers,  may  be  appointed  amongst  them,  to  manage  treasurer 
and    direct  their    affairs,  as  are  willing  and  ready  to  ad-  p"^yc°™" 
venture  with  them,  as  also  whose  dwellings  are  not  so  far  Virginia, 
remote  from   the   city  of  London,  but  that  they  may,  at 
convenient  times,  be  ready  at  hand,  to   give  their  advice 
and  assistance,  upon  all  occasions  requisite. 

III.  We,  trreatlv  affecting  the  effectual  prosecution  and  p°mP»»> 
happy  success  of  the  said  plantation,  and  commending  te(1 
their  good  desires  therein,  for  their  further  encourage- 
ment in  accomplishing  so  excellent  a  work,  much  pleas- 
ing to  God,  and  profitable  to  our  kingdom,  do,  of  our  spe- 
cial grace  and  certain  knowledge,  and  mere  motion,  for 
us,  our  heirs  and  successors,  give,  grant,  and  confirm,  to 
our  trusty  and  well  beloved  subjects,  Robert,  earl  of  Salis- 
bury,  Thomas,  earl  of  Suffolk,  Henry,  earl  of  Southamp- 
ton, William,  earl  of  Pembroke,  Henry,  earl  of  Lincoln, 
earl  of  Dorset,  Thomas,  earl  of  Exeter,  Philip,  earl  of 
Montgomery,  Robert,  Lord  Viscount  Lisle,  Theophilus, 
Lord  Howard  of  Walden,  James  Montague,  Lord  Bish- 
op of  Bath  and  Wells,  Edward,  Lord  Zouche,  Thomas, 
Lord  Lawarr,  William,  Lord  Mounteagle,  Ralph,  Lord 
Ewre,  Edmond,  Lord  Sheffield,  Grey,  Lord  Chandois, 
LordCompton.  John,  Lord  Petre,  John,  Lord  Stanhope, 
George,  Lord  Carew,  Sir  Humphrey  Weld,  Lord  Mayor 
of  London,  George  Percie,  Esq :  Sir  Edward  Cecil,  Knt. 
Sir  George  Wharton,  Knt.  Francis,  West,  Esq.  Sir  Wil- 
liam Wade,  Knt.  Sir  Henry  Nevil,  Knt.  Sir  Thomas 
Smith,  Knt.  Sir  Oliver  Cromwell,  Knt.  Sir  Peter  Man- 
wood,  Knt.  Sir  Drue  Drury,  Knt.  Sir  John  Scot,  Knt. 
Sir  Thomas  Challoner,  Knt.  Sir  rfobert  Drury,  Knt.  Sir 
Anthony  Cope,  Knt.  Sir  Horatio  Vere,  Knt.  Sir  Edward 
Conway,  Knt.  Sir  William  Brown,  Knt.  Sir  Maurice 
Berkeley,  Knt.  Sir  Robert  Mansel,  Knt.  Sir  Amias  Pres- 
ton, Knt.  Sir  Thomas  Gates,  Knt.  Sir  Anthony  Ashly, 
Knt.  Sir  Michael  Sandys,  Knt.  Sir  Henry  Carey,  Knt. 
Sir  Stephen  Soame,  Knt.  Sir  (  alisthenes  Brooke,  Knt. 
Sir  Edward  Michelbom.  Knt.  Sir  John   Ratcliffe,  Knt 

h 


82 


ANCIENT  CHARTERS, 


1609. 

May  23d 

7th  James 
1st. 

Second 
charter  to 
the  trea- 
suver  and 
company 
of  Vir- 
ginia. 


Sir  Charles  Wilmot,  Knt.  Sir  George  Moor  Knt.  Sir 
Hugh  Wirral,  Knt.  Sir  Thomas  Dennis,  Knt.  Sir  John 
Holies,  Knt.  Sir  William  Godolphin,  Knt.  Sir  Thomas 
Monson,  Knt.  Sir  Thomas  Ridgwine,  Knt.  Sir  John 
Brooke,  Knt.  Sir  Robert  Killigrew,  Knt.  Sir  Henry  Pey- 
ton, Knt.  Sir  Richard  W  illianison,  Knt.  Sir  Ferdinando 
Weynman,  Knt.  Sir  William  St.  John,  Knt.  Sir  Thomas 
Hoferoft,  Knt.  Sir  John  Mallorv,  Knt.  Sir  Roger  Ash- 
ton,  Knt.  Sir  Walter  <  ope,  Knt.  Sir  Richard  Wigmore, 
Knt.  Sir  William  Coke,  Knt.  Sir  Herbert  Crofte,  Knt. 
Sir  Henry  Fanshaw,  Knt.  Sir  John  Smith,  Knt.  Sir  Fran- 
cis Wolly,  Knt.  Sir  Edward  Waterhonse,  Knt.  Sir  Hen- 
ry Seekford,  Knt.  Sir  Edwin  Sandys.  Knt.  Sir  Thomas 
Waynam,Knt.  Sir  JohnTrevTnyKht.  Sir  Warwick  Heele, 
Knt.  Sir  Robert  Worth,  Knt.  Sir  John  Townsend,  Knt. 
Sir  Christopher  Perkins,  Knt.  Sir  Daniel  Dun,  Knt.  Sir 
Henry  Hobart,  Knt.  Sir  Francis  Bacon,  Knt.  Sir  Henry 
Montague,  Knt.  Sir  George  Coppin,  Knt.  Sir  Samuel  San- 
dys, Knt.  Sir  Thomas  Roe,  Knt.  Sir  George  Somers,  Knt. 
Sir  Thomas  Freake,  Knt.  Sir  Thomas  Harwell,  Knt.  Sir 
Charles  Kelke,  Knt.  Sir  Baptist  Hicks,  Knt.  Sir  John 
Watts,  Knt.  Sir  Robert  Carey,  Knt.  Sir  William  Romney, 
Knt.  Sir  Thomas  Middleton,  Knt.  Sir  Hatton  Cheeke, 
Kit.  Sir  John  Ogle,  Knt.  SirCavallero  Meycot,  Knt.  Sir 
Stephen  Riddlesdon,  Knt.  Sir  Thomas  Bludder,  Knt  Sir 
Anthony  Aucher,  Knt.  Sir  Robert  Johnson,  Knt.  Sir 
Thomas  Panton,  Knt.  Sir  Charles  Morgan, Knt.  Sir  Ste- 
phen Pole,  Knt.  Sir  John  Burlacie,  Knt.  Sir  Christopher 
Cleave,  Knt.  Sir  George  Hay  ward,  Knt.  Sir  Thomas  Da- 
vis, Knt.  Sir  Thomas  Sutton,  Knt.  Sir  Anthony  Forrest, 
Knt.  Sir  Robert  Payne,  Knt.  Sir  John  Digby,  Knt.  Sir 
Dudley  Digges,Knt"  Sir  Rowland  Cotton,  Knt.  Dr.  Mat- 
thew Sutcliffe,  Dr.  Meadows,  Dr.  Turner.  Dr.  Poe,  Cap- 
tainPagnam, Captain  Jeffrey  Holcrofte,  Captain  Romney, 
Captain  Henry  Spry,  Chaptain  Shelton,  Captain  Sparks, 
Captain  Thomas  Wy at,  Captain  Brinsley,  Captain  Willi- 
am Courtney,  Captain  Herbert,  Captain  Clarke,  Captain 
Dewhurst,  Captain  John  Blundell,  Captain  Fryer,  Cap- 
tain Lewis  Orwell,  Captain  Edward  Loyd,Capt.  Slinges- 
by,  Captain  Hawlev,  Captain  Orme, Captain  Woodhouse, 
Captain  Mason,  Captain  Thomas  Holer  oft,  Captain  Sohn 
Coke,  Captain  Holies,  Captain  William  Proude,  Captain 
Henry  Woodhouse,  Captain  Richard  Lindesey,  Captain 
Dexter,  Captain  W7il!iam  Winter,  Captain  Pearse,  Cap- 
tain John  Bingham,  Captain  Burray.  Captain  Thomas 


ANCIENT  CHARTERS. 


§3 


Conway,  Captain  Rookwood,  Captain  William  Lovelace, 
Captain  John  Ashley,  Captain  Thomas  Wynne,  Captain 
Thomas  Mewtis,  Captain  Edward  Harwood,  Captain 
Michael  Everard,  Captain  Comook,  Captain  Mills,  Cap- 
tain Pigot,  Captain  Edward-Maria  Wing-field,  Captain" 
Christopher  Newport,  Captain  John  Sicklemore,  alias 
Ratclifle,  Captain  John  Smith,  Captain  John  Martin, 
Captain  Peter  Wynne,  Captain  Waldoe,  Captain  Thomas 
Wood,  Captain  Thomas  Button.  George  Bolls,  Esq. she- 
riff'of  London,  William  Crashavv,  rlerk,  Batchelor  of  divi- 
nity, William  Seabnght,  Esq.  Christopher  Brooke,  Esq. 
John  Bingley,  Esq.  Thomas  Watson,  Esq.  Richard  Per- 
eival,  Esq.  John  Mooore,  Esq.  Hugh  Brooker,  Esq.  Da- 
vid Woodhouse,  Esq.  Anthony  Aucher  Esq.  Robert 
Bowyer,  Esq.  Raiph  Ewens,  Esq.  Zacharv  Jones,  Esq. 
George  Calvert,  Esq,  William  Dobson,  Esq.  Henry  Rey- 
nolds, Esq.  Thomas  Walker,  Esq.  Anthony  Barnars, 
Esq.  Thomas  Sandys,  Esq  Henry  Sandys,  Esq.  Richard 
Sandys,  Esq.  Son  of  Sir  Edwin  Sandys,  William  Oxen- 
bTicTge,  Esq.  John  Moore,  Esq.  Thomas  Wilson,  Esq. 
John  Bullock,  Esq.  John  Waller.  Esq.  Thomas  Webb, 
Jehu  Robinson,  William  Brewster,  Robert  Evelyn,  Hen- 
ry Danby,  Richard  Hackluit,  Minister,  John  Eldred, 
Merchant,  William  Russel,  merchant,  John  Merrick, 
Merchant,  Richard  Banister,  Merchant,  Charles  Antho- 
ny, Goldsmith,  John  Banks.  William  Evans,  Richard. 
Humble,  Richard  Chamberlayne,  Merchant,  Thomas 
Barber,  Merchant,  Richard  Pomet,  Merchant,  John  Flet- 
cher, merchant,  Thomas  Nichols,  merchant,  John  Stoke, 
merchant,  Gabriel  Archer,  Francis  Covel,  William  Bon- 
ham, Edward  Harrison,  John  Wolstenholme,Nicholas  Sal- 
ter, Hugh  Evans,  William  Barnes,  OthoMawdet,  Richard 
Staper,  merchant,  John  Elkin,  merchant,  William  Coyse, 
Thomas  Perkin, cooper,  Humphry  James,  cooper,  Henry 
Jackson,  Robert  Singleton,  Christopher  Nichols,  John 
Harper,  Abraham  Chamberlayne,  Thomas  Shipton,  Tho- 
mas Carpenter,  Anthony  Crew,  George  Holman,  Robert 
Hill,  Cleophas  Smith,  Ralph  Harrison,  John  Farmer, 
James  Brearley,  William  Crosby,  Richard  Cox,  John 
Gearing,  Richard  Strongarm,  Ironmongers!  Thomas 
Langton,  Griffith  Hinton,  Richard  Ironside,  Richard 
Dean,  Richard  Turner,  William  Lawson,  mereer,  James 
ChatheldjEdw'd  Allen  Tedder,  Robert  HildebrandSprin- 
son,  Arthur  Mouse,  John  Gardiner,  James  Russel,  Rich- 
ard Caswell,  Richard  Evans,  John  Hawkins,  Richard  Ker- 
fil,  Richard  Brooke,  Matthew  Scrivener,  gentleman,  Wil- 


1609. 

May  23d. 

7th  James 
1st 


Second 
charter  to' 
the  trea- 
surer and 
company 
of.  Virgin- 
ia. 


84 


ANCIENT  CHARTERS. 


1609. 

May  23d. 

7th  James 
1st. 

2d  charter 
to  the 
treasurer 
&,  compa- 
ny of  Vir- 
ginia. 


liam  Stallenge,  gentleman,  Arthur  Venn,  gentleman,  San- 
dys Webbe,  gentleman,  Michael  Phettiplace,  gentleman, 
William   Phettiplace,  gentleman    Ambrose  Prusey,  gen- 
tleman, John  Taverner,  gentleman,  George  Pretty,  gen- 
tleman, Peter    Latham,  gentleman,  Thomas  Montford, 
gentleman,  William  Cantrel,  gentleman,  Richard  Wiffin, 
gentleman,  Ralph  Moreton,  gentleman,  John  Cornelius, 
Martin  Freeman, Ralph  Freeman,  Andrew  Moore,  Tho- 
mas White,   Edward    Perkin,  Robert  OrEcy,    Thomas 
Whitley,  George  Pit,  Robert  Parkhurst,  Thomas  Morris, 
Peter  Harloe,  Jeffry  Duppa.  John  Gilhert,  William  Han- 
cock, Matthew  Brown,  Francis  Tyrrel,   Randal   Carter, 
Othowell  Smith,  Thomas  Hamond,  Martin  Bond,  haber- 
dasher, John  Moulsoe,  Robert  Johnson,  William  Young, 
John   Woodal,    William    Felgate,  Humfrey   Westwood, 
Richard  Champion,  Henry  Robinson,  Francis  Mapes, 
William  Sambach,  Relegh  Crashaw,  Daniel  Tucker,  Tho- 
mas Grave,  Hugh  Willeston,  Thomas  Culpeper,  of  Wig- 
sel,  Esq.  John  Culpepper,  gentleman,  Henry  Lee,  Josias 
Kirton,  geutleman,  John  Pory,  gentleman,  Henry  Collins, 
George  Burton,  William  Atkinson,  Thomas  Forest,  John 
Russel,  John  Holt,  Harman  Harrison,  Gabriel  Beedel, 
John  Beedel,    Henry   Dawkes,    George   Scot,   Edward 
Fleetwood,  gentleman,  Richard  Rogers,  gentleman,   Ar- 
thur Robinson,  Robert  Robinson.  John  Huntley,  John 
Gray,  William  Payne.  William  Field,  William  Wattey. 
William  Webster.  John  Dingley,  Thomas  Draper,  Rich- 
ard Glanvil,  Arnold  Hulls,  Henry  Roe,  William  Moore, 
Nicholas  Gryce,  James  Monger.  Nicholas  Andrews,  Je- 
remy Haydon,  Ironmonger,  Philip Durette,  John  Quarles, 
John  West,  Matthew  Spring!;  am"  John  Johnson,  Chris- 
topher Hore,  Thomas  Snead,  George  Berkeley,  Arthur 
Pet.  Thomas  (  areles,  William  Berkeley,  'J'liomas  John- 
son. Alexander  Bents    Captain  William  King,  George 
Sandys,  gentleman.  James  White,  gentleman,  Edmond 
Wynne,    Charles   Towler,    Richard    Reynold,    Edward 
Webb,    Richard    Maplesden.     Thomas     Lever,    David 
Bourne,  Thomas  Wood.  Ralph  Hamer.  Edward  Barnes, 
mercer.  John   Wright,  mercer,   Robert  Middleton,  Ed- 
ward Littlefield   Katharine  West,  Thomas   Web,  Ralph 
King,  Robert  Koppin.  James  Askew,  Christopher  Holt 
William  Bardwell,  Alexander  Chiles.  Lewis  Tate,  Ed- 
ward Ditch-field,  James  Swifte.  Richard  Widdowes.  gold- 
smith, Edmond  Brudenell.  Edward  Burwell,  John  Hans- 
ford. Edward   Wooller.    William  Palmer,  haberdasher. 


ANCIENT  CHARTERS,  85 

John  Badger,  John  Hodgson,  Peter  Mounsel,  John  Car-      1609. 
ril,  John  Bushridge,    William  Dun,  Thomas  Johnson, 
Nicholas  Benson,   Thomas    Shipton,    Nathaniel   Wade,      ay 
Randal  Wetwood,    Matthew    Dequester,   Charles  Haw-  7th James 
kins,   Hugh  Hamersley,    Abraham   Cartwright,  George        lst- 
Bennct,  William  Cater,  Richard  Goddart,  Henry  Crom-  ^J^JJ 
well,  Phineas   Pet,  Robert  Cooper.  John  Cooper,  Henry  7othetrea- 
Newce,  Edward  Wilkes,  Robert  Bateman,  Nicholas  Far-  surer  & 
rar,  John  Newhouse,  John  Cason,  Thomas  Harris,  gen-  *J™W 
lleman,  George  Etheridge,  gentleman,  Thomas  Mayle,  nia. 
gentleman,   Richard  Stafford,  Thomas  ,  Richard 

Cooper,  John  Westrow,  Edward  Welch,  Thomas  Britain, 
Thomas   Knowles,   Octavian   Thome,   Edmond   Smith, 
John  March,  Edward  Carew,  Thomas  Pleydall,  Richard 
Let,  Miles  Palmer,  Henry  Price,  John  Joshua,  gentle 
man,    William   Clauday,   Jeremy  Pearsye,  John  Bree, 
gentleman,    William    Hampson,    Christopher    Picktbrd, 
Thomas   Hunt,  Thomas  Truston,  Christopher   Salmon, 
John  Howard,  clerk,  Richard  Partridge,  Allen  Cassen, 
Felix  VV  ilson,  Thomas  Bathurst,  George  Wilmer,  Andrew 
Wilmer,  Maurice  Lewellin,  Thomas  Godwin,  Peter  Bur- 
goyne,  Thomas  Burgoyne,  Robert  Burgoyne,  Robert 
Smith,  merchant-taylor,  Edward  Cage,  grocer,  Tb  >mas 
Cannon,  gentleman,  William  Welby,  stationer,  Clement 
Wilmer,  gentleman,  John    Ciapham,    gentleman,    Giles 
Francis,  gentleman,  George  Walker,  sadler,  John  Swin- 
how,  stationer,  Edward  Bishop,  staliorrer.  Leonard  White, 
gentleman,  Christopher  Baron,  Peter  Benson,  Richard 
Smith,   George  Proctor,  minister,    Millicent   Ramsden, 
widow,   Joseph  Soane,  Thomas  Hinshaw,  John   Baker, 
Robert  Thornton,  John  Davis,  Edward   Facit,  George 
Newce,   gentleman,    John  Robinson,   Captain   Thomas 
Wood,  William  Brown,  shoemaker,  Robert  Barker,  shoe- 
maker, Robert  Pennington,   Francis    Burley,    minister, 
William    Quick,  grocer,   Edward  Lewis,   grocer,  Lau- 
rence  Campe,  draper,   Aden   Perkins,  grocer,   Richard 
Shepherd,     preacher,     William    Sherley,    haberdasher, 
William    Taylor,     haberdasher,     Edwin    Lukin,    gen- 
tleman, John  Franklyn,   haberdasher,  John  Southwick, 
Peter     Peate,     George    Joban,     Ironmonger,     George 
\  i  ardley,  gentleman,  Henry  Shelley,  John  Prat,  Tho- 
mas    Church,     draper,     William     Powel,     gentleman, 
Richard    Frith,    gentleman,    Thomas    Wheeler,   draper, 
Francis  Haselrig,  gentleman,   Hugh  Shipley,  gentleman, 
John  Andrews,  the  elder,  doctor  of  Cambridge,  Francis 
Whistler,  gentleman,  John  Vassal,  gentleman.  Richard 


a6 


ANCIENT  CHARTERS. 


1609. 

May  23d. 

'Tth  James 
1st. 

2d  charier 
to  i  he  trea- 
surer & 
company 
of  Virgi- 
nfa. 


Howie,  Edward  Berkeley,  gentleman,  Richard  Keneridg- 
burg,  gentleman,  Nicholas  Exton,  draper,  William  Ben- 
net,  fishmonger,  James  Haywood,  merchant,  Nicholas 
Isaac,  merchant,  William  Gibbs,  merchant,  Bishop, 
Bernard  Mitchel,  Isaac  Mitchel,  John  Sireate,  Edward 
Gall,  John  Martin,  gentleman,  Thomas  Fox,  Luke 
Lodge,  John  Woodliffe,  gentleman,  Richard  Webb,  Vin- 
cent Low,  Samuel  Burnham,  Edmund  Pears, haberdasher, 
John  Goo^-e,  John  St.  John,  Edward  Vaughan,  William 
Dunn,  Thomas  Alcocke,  John  Andrews  the  younger,  of 
Cambridge,  Samuel  Smith,  Thomas  Gerrard,  Thomas 
Whittingham,  William  Canning,  Paul  Canning,  George 
Chandler,  Henry  Vincent,  Thomas  Ketley,  James  Skel- 
ton,  James  Mountaine,  George  Webb,  gentleman,  Joseph 
Newbridge.  Smith,  Josiah  Mand,  Captain  Ralph  Hamer, 
the  younger,  Edward  Brewster,  the  son  of  William  Brew- 
ster, Leonard  Harwood,  Mercer,  Philip  Druerdent  Wil- 
liam Carpenter,  Tristian  Hill,  Robert  Cock,  Grocer,  Lau- 
rence Grecie,  Grocer,  Samuel  Winch,  grocer,  Hum- 
phrey Stile,  grocer,  Avern  Dransfield,  grocer,  Edward 
Hodges,  grocer,  Edward  Beale,  grocer,  Thomas  Culler, 
grocer,  Ralph  Busby,  grocer,  John  Whittingham,  grocer, 
John  Hide,  grocer,  Matthew  Shepherd,  grocer,  Thomas 
Allen,  grocer,  Richard  Hooker,  grocer,  Lawrence  Munks, 
grocer,  John  Tanner,  grocer,  Peter  Gate,  grocer,  John 
Blunt,  grocer,  Robert  Phips,  grocer,  Robert  Berrisford, 
grocer,  Thomas  Wells,  grocer,  John  Ellis,  grocer,  Hen- 
ry Colthurst,  grocer,  John  Cavacly,  grocer,  Thomas  Jen- 
nings, grocer,  Edmond  {'ashall.  grocer,  Timothy  Ba- 
thurst.  grocer,  Giles  Parslow,  grocer,  Robert  Milmay, 
grocer,  Richard  Johnson,  grocer,  William  Johnson,  vint- 
ner, Ezekiel  Smith,  Richard  Martin,  William  Sharp? 
Robert  Rich,  William  Stannard,  innholder,  John  Stock- 
on.  William  Strache}\  gentleman.  George  Fanner,  gen- 
tleman, Thomas  Gypes,  ( lothworker,  Abraham  Davies, 
gentleman,  Thomas  Brockett,  gentleman,  George  Bache, 
fishmonger,  John  Dike,  fishmonger,  Henry  Spranger, 
Richard  Farrington,  Christopher  Vertue.vintner,  Thomas 
Bayley,  vintner,  George  Robins,  vintner,  Tobias  Hinson, 
grocer,  Vrian  Spencer,  Clement  Chickeley,  John  Scarpe, 
gentleman,  James  Campbell,  ironmonger,  Christopher 
Clitheroe,  ironmonger,  Philip  Jacobson,  Peter  Jacobson, 
of  Antwerp.  William  Berkeley,  Miles  Banks,  cutler,  Pe- 
ter Higgons,  grocer,  Henry  John,  gentleman,  John  Stock- 
ley,  merchant-taylor,  the  company  of  mercers,  the  com- 
pany of  grocers,  the  company  of  drapers,  the  company  of 


ANCIENT  CHARTERS.  **? 

fishmongers,  the  company  of  goldsmiths,  the  company  of     1609. 
skinners,  the  company  of  merchant-taylors,  the  company  M     23d 
of  haberdashers,  the  company  of  salters,  the  company  of 
ironmongers,  the  company  of  vintners,  the  company  of  7th  James 
clothworkers,   the    company  of  dyers,   the    company  of       lst 
brewers,   the  company  of  leathersellers,  the  company  of  ^J^J^. 
pewterers,  the  company  of  Cutlers,  the  company  of  white-  to  the 
bakers,  the  company  wax-chandlers,  the  company  of  tal-   treasurer 
low-chandlers,  the  company  of  armorers,  the  company  of  ^oirvh- 
girdlers,  the  company  of  butchers,  the  company  of  sadlers,  gjnia. 
the  company  of  carpenters,  the  company  of  cordwaynes, 
the  company  of  barber-chirurgeons,  the  company  of  paint- 
stainers,  the  company  of  curriers,  the  company  of  masons, 
the  company   of  plumbers,  the  company  inholders,  the 
company  of  founders, the  company  of  poulterers,  the  com- 
pany of  cooks,  the  company  of  coopers,  the  company  of 
tylers  and  bricklayers,  the  company  of  bowyers,  the  com- 
pany of  Fletchers,  the  company  of  blacksmiths,  the  com- 
pany of  joiners,  the  company  of  weavers,  the  company  of 
woolmen,  the  company  of  woodmongers,  the  company  of 
scriveners,    the   company  of  fruiterers,  the  company  of 
plaisterers,  the  company  of  Brownbakers,  the  company 
of  stationers,  the  company  of  imbroiderers,  the  company 
of  upholsters,  the  company  of  musicians,  the  company  of 
turners,  the  company  of  gardiners,  the  company  of  bas- 
ketmakers,  the  company  of  glaziers,  John   Levet,  mer- 
chant, Thomas  Nornicot,  clothworker,  Richard  Venn,  ha- 
berdasher, Thomas   Scot,  gentleman,  Thomas  Buxon, 
merchant-taylor,  George  Hankinson, Thomas  Seyer,  gen- 
tleman, Matthew  Cooper,  George  Butler,  gentleman,Tho- 
mas    Lawson,  gentleman,  Edward  Smith,  haberdasher, 
Steven  Sparrow,  John  Jones,  merchant,  Reynolds, 

brewer,  Thomas  Plummer,  merchant,  James  Duppa, 
brewer,  Rowland  Coitmore,  William  Sontherne,  George 
Whitmore,  haberdasher,  Anthony  Gosnold,  the  younger, 
John  Allen,  fishmonger,  Simon  Yeomans,  fishmonger, 
Lancelot  Davis,  gentleman,  John  Hopkins,  alderman  of 
Bristol,  John  Kettleby,  gentleman,  Richard  Clene,  gold- 
smith, George  Hooker,  gentleman,  Robert  Chening,  yeo- 
man; and  to  such  and  so  many,  as  they  do,  or  shall  here- 
after admit  to  be  joined  with  them,  in  form  hereafter  in 
these  presents  expressed,  whether  they  go  in  their  per- 
sons, to  be  planters  there  in  the  said  plantation,  or  whe- 
ther they  go  not,  but  adventure  their  monies,  goods,  or 
chatties;  That  they  shall  be  one  body  or  commonalty  per- 
petual, and  shall  have  perpetual  succession,  and  one  com- 


88 


ANCIENT  CHARTERS. 


1609. 

May  23d. 

7th  James 

1st. 


Stile  of  the 
Corpora- 
tion. 

May  take 
and  hold 
property, 
&c. 


May  plead 
and  be 
impleaded. 


Confirma- 
tion of  for- 
mer 
grants. 


Limits  of 
the  Colo- 
ny and  ex- 
tent of  ju- 
risdiction. 


mon  seal,  to  serve  for  the  said  body  or  commonalty ;  and 
that  they,  and  their  successors,  shall  be  known,  called,  and 
incorporated  by  the  name  of,The  Treasurer  and  Company 
of  Adventurers  and  Planters  of  the  City  of  London  for 
the  first  Colony  in  Virginia  : 

IV.  And  that  they  and  their  successors,  shall  be,  from 
henceforth,  forever  enabled  to  take,  acquire  and  purchase, 
by  the  name  aforesaid  (licence  for  the  same,  from  us, 
our  heirs  or  successors,  first  had  and  obtained)  any  man- 
ner of  lands,  tenements,  and  hereditaments,  good  and 
chattels,  within  our  realm  of  England,  and  dominion  of 
Wales: 

V.  And  that  they  and  their  successors,  shall  likewise 
be  enabled,  by  the  name  aforesaid,  to  plead  and  be  im- 
pleaded, before  any  of  our  judges  or  justices,  in  any  of 
our  courts,  and  in  any  actions  or  suits  whatsoever. 

VI.  And  we  do  also  of  our  special  grace,  certain  know- 
ledge and  mere  motion,  jfive,  grant  and  confirm,  unto  the 
said  treasurer  and  company,  and  their  successors,  under 
the  reservations,  limitations,  and   declarations,  hereafter 
expressed,  all  those  lands,  countries,  and  territories,  situ- 
ate, lying,  and  being,  in  that  part  of  America  called  Vir- 
ginia, from  the  point  of  land,  called  Cape  or  Point  Com- 
fort, all  along  the  sea  coast,  to  the  northward  two  hundred 
miles,  and  from  the  said  point  of  Cape  Comfort,  all  along 
the  sea  coast  to  the  southward  two  hundred  miles,  and  all 
that  space  and  circuit  of  land,  lying  from  the  sea  coast  of 
the  precinct  aforesaid,  up  into  the  land,  throughout  from 
sea  to  sea,  west  and  northwest;  and  also  all  the  islands, 
lying  within  one  hundred  miles,  along  the  coast  of  both 
seas  of  the  precinct  aforesaid ;  together  with  all  the  soils, 
grounds,  havens,  and  ports,  mines,  as  well  royal  mines  of 
gold  and  silver,  as  other   minerals,  pearls  and   precious 
stones,  quarries,  woods,  rivers,  waters,  fishings,  commo- 
dities, jurisdictions,  royalties,   privileges,  franchises  and 
preheminences,  within  the  said  territories,  and   the  pre- 
cincts thereof,    whatsoever,  and  thereto  and  thereabouts, 
both  by  sea  and  land,  being  or  in  any  sort  belonging  or  ap- 
pertaining, and  which  we  by  our  letters  patents,  may  or 
can  grant,  in  as  ample  manner  and  sort,  as  we  or  any  of 
our  noble  progenitors,  have  heretofore  granted  to  any 
company,  body  politick  or  corporate,  or  to  any  adventurer 
or  adventurers,  undertaker  or  undertakers,  of  any  disco- 


ANCIENT  CHARTERS.  89 

veries,  Plantations,  or  trafiick,  of,  in  or  into  any  foreign      1609. 
parts  whatsoever,  and  in  as  large  and  ample  manner,  as  if 
the  same  were  herein  particularly  mentioned  and  express-   May  23tl- 
ed ;  to  have  and  to  hold,  possess  and  enjoy,  all  and  sin-  7th  james 
gular  the  said  lands,  countries  and  territories,  with  all  and         1st. 
singular  other  the  premises,  heretofore  hy  these  presents    v^-v-w 
granted,  or  mentioned  to  be  granted,  to  them,   the  said      Haben*» 
treasurer  and  company,  their  successors  and  assigns  for- 
ever ;  to  the  sole  and  proper  use  of  them,  the  said  treasu- 
rer and  company,  their  successors  and  assigns   for  ever ;   Tenure.- 
to  be  holden  of  us,  our  heirs,  and  successors,  as  of  our 
manour  of  East  Greenwich,  in  free  and  common  soccage, 
and  not  in  capite ;  yielding  and  paying,  therefore,  to  us, 
our  heirs,  and  successors,  the  fifth  part  only  of  all  ore  of 
gold  and  silver,  that  from  time  to  time,  and  at  all  times 
hereafter,  shall  be  there  gotten,   had,  or  obtained  for  all 
manner  of  services. 

VII.  And  nevertheless,  our  will  and  pleasure  is,  and  *>ro*lslon 

.         ,  .  r  ,  for  former 

we  do.  by  these  presents,  charge,  command,  warrant,  adventuv- 
and  authorise,  that  the  said  treasurer  and  company,  or  e«"s. 
their  successors,  or  the  major  part  of  them,  which  shall 
be  present  and  assembled  for  that  purpose,  shall,  from 
time  to  time,  under  their  common  seal,  distribute,  convey, 
assign,  and  set  over,  such  particular  portions  of  lands, 
tenements,  and  hereditaments,  by  these  presents  formerly 
granted,  unto  such  our  loving  subjects,  naturally  born, 
or  denizens,  or  others,  as  well  adventurers  as  planters, 
as  by  the  said  company  (upon  a  commission  of  survey 
and  distribution,  executed  and  returned  for  that  purpose,) 
shall  be  nominated,  appointed,  and  allowed;  wherein  our 
will  and  pleasure  is,  that  respect  be  had,  as  well  of  the 
proportion  of  the  adventurer,  as  to  the  special  service,  ha- 
zard, exploit,  or  merit  of  any  person  so  to  be  recompenc- 
§d,  advanced,  or  rewarded. 

VIII.  And  forasmuch,  as  the  good  and  prosperous  sue-  9ne  cou!1, 
cess  of  the  said  plantation  cannot  but  chiefly  depend,  next  £n<r°and.,P 
under  the  blessing  of  God,  and  the  support  of  our  royal 
authority,  upon  the  provident  and  good  direction  of  the 

whole  enterprize,  by  a  careful  and  understanding  coun- 
cil, and  that  it  is  not  convenient,  that  all  the  adven- 
turers shall  be  so  often  drawn  to  meet  and  assemble,  as 
shall  be  requisite  for  them  to  have  meetings  and  confer- 
ence about  the  attains  thereof;  therefore  wed<>  ordain,  es- 
tablish and  confirm,  that   there  shall  be  perpetually  one 

M 


90 


ANClEiNT  CHARTERS. 


1609. 


May  23d. 

7th   James 
1st. 


2d  charter 
to  the 
treasurer 

and  com- 
pany of 
Virginia. 

Names  of 
the  mem- 
bers. 


Treasurer. 


Council  \. 
Ireasnrei , 
how  cho- 
sen and 
vacancu s 
supplied. 


council  heje  resident,  according  to  thetenour  of  our  for- 
mer letters  patents  ;  which  council  shall  have  a  seal,  for 
the  better  government  and  administration  of  the  said  plan- 
tation,  besides  the  legal  seal  of  the  company  or  corpora* 
tion,  as  in  our  former  letters  patents  is  also  expressed. 

IX.  And  further,  we  establish  and  ordain,  that  Henry, 
Earl  of  Southampton,  William,  Earl  of  Pembroke,  Hen- 
ry, Earl  of  Lincoln,  Thomas,  Earl  of  Exeter,  Robert, 
Lord  Viscount  Lisle,  Lord  Theophilus  Howard,  James, 
Lord  Bishop  of  Bath  and  Wells,  Edward,  Lord  Zouehe, 
Thomas,  Lord  Lawarr,  William,  Lord  Monteagle,  Ed- 
mond,  Lord  Sheffield.  Grey,  Lord  Chandois,  John,  Lord 
Stanhope,  George,  Lord  Carew,  Sir  Humfrey  Weld,  Lord 
Mayor  of  London,  Sir  Edward  Cecil,  Sir  William  Wade, 
Sir  Henry  Nevil,  Sir  Thomas  Smith,  Sir  Oliver  Crom- 
well, Sir  Peter  Manwood,  Sir  Thomas  Challoner,  Sir 
Henry  Hobart,  Sir  Francis  Bacon,  Sir  George  Coppiu. 
Sir  John  Scot,  Sir  Henry  Carey,  Sir  Robert  Drury,  Sir 
Horatio  Vere,  Sir  Edward  Conway,  Sir  Maurice  Berke- 
ley, Sir  Thomas  Gates,  Sir  Michael  Sandys,  Sir  Robert 
Mansel,  Sir  John  Trevor,  Sir  Amias  Preston,  Sir  William 
Godolphin,  Sir  Walter  Cope,  Sir  Robert  Killigrew,  Sir 
Henry  Fanshaw,  Sir  Edwin  Sandys,  Sir  John  Watts, 
Sir  Henry  Montague,  Sir  William  Romney,  Sir  Thomas 
Roc,  Sir  Baptist  Hicks,  Sir  Richard  Williamson,  Sir  Ste- 
phen Poole,  Sir  Dudley  Digges,  Christopher  Brooke, 
Esq.  John  Eldred,  and  John  VV  olstenholme,  shall  be  our 
Council  for  the  said  Company  of  Adventurers  and  Plan- 
ters in  Virginia. 

X.  And  the  said  Thomas  Smith  we  do  ordain  to  be 
treasurer  of  the  said  company ;  which  treasurer  shall  have 
authority  to  give  order,  for  the  warning  of  the  council, 
and  summoning  the  company,  to  their  courts  and  meet- 
ings. 

XI.  And  the  said  council  and  treasurer,  or  any  of  thems 
shall  be  from  henceforth,  nominated,  chosen,  continued, 
displaced,  changed,  altered,  and  supplied,  as  death,  or 
other  several  occasions,  shall  require,  out  of  the  company 
of  the  said  adventurers,  by  the  voice  of  the  greater  part 
of  the  said  company  and  adventurers,  in  their  assembly 
for  that  purpose  :  Provided  always,  that  every  counsel- 
lor, so  newly  elected,  shall  be  presented  to  the  lord  chan- 
cellor of  Eugland,  or  to  the  lord  high  treasurer  of  Eng- 


ANCIENT  CHARTERS.  91 

land,  or  to  (he  lord  chamberlain  of  the  household  ol  us,      1609. 

our  heirs,  and  successors,    for  the  time  being',  to  take  his 

oath  of  a  counsellor  to  us,   our  heirs  and  successors,  for 

the    said   company   of  adventurers    and   colony  in    Vrir-  Tsii  James 

ginia.  3st' 

XII.  And  we  do  bv  these  presents,  of  our  special  era  re,  pdcham 
certain  knowledge,  and  mere  motion,  tor  us,  our  heirs  and  treasurer 
successors,  grant  unto  the  said  treasurer  and  company,  &  con>P»- 
and  their  successors,  that  if  it  happen,  at  any  time  or  times,  „Ja-^a 
the  treasurer  for  the  time  being  to  be  sick,  or  to  have  any 

such  cause  of  absence  from  the  city  of  London,   as  shall 
be  allowed  by  the  said  council,  or  the  greater  part  of  them, 
assembled,  so  as  he  cannot  attend  the  affairs  of  tint  com- 
pany, in  every  such  case,  it  shall  and  may  be  lawful  for 
such  treasurer  for  the  time  being,  to  assign,  constitute  and 
appoint,  one  of  the   council  or  company,   to  be  likewise 
allowed  by  the  council,  or  the  greater  part  of  them,  assem- 
bled, to    be   the  deputy    treasurer  of  the  said   company; 
which   deputy   shall   have   power  to  do  and   exeeut?   all 
things,  which  belong  to  the  said   treasurer,  during  such       Depuiy 
time,  as  such  treasurer  shall  be  either  sick,  or  otherwise  W|)(!B   nr^ 
absent  upon  cause  allowed  of  by  the  said  council,  or  the  haw  ap- 
major  part  of  them,  as  aforesaid,  so  full}'  and  wholly,  and  P°'nted 
in  as  large  and  ample  manner  and  form,  to  all  intents  and 
purposes,  as  the  said  treasurer,  if  he  were  present,  him- 
self might  or  could  do  and  execute  the  same. 

XIII.  And  further,  of  our  special  grace,  certain  know-  Council  in 
ledge,  and  mere  motion,  for  us,  our  heirs,  and  successors,  England, 
we  do,   by  these  presents,  give  and  grant  full  power  and  i°  aPPoint 
authority  to  our  said  council,  here  resident,  as  well  at  this  officers: 
present  time,  as  hereafter  from  time  to  time,  to  nominate,  &c 
make,  constitute,  ordain,   and   confirm,  by  such  name  or 

names,  stile  or  stiles,  as  to  them  shall  seem  good,  and 
likewise  to  revoke,  discharge,  change,  and  alter,  as  well 
all  and  singular  governors,  officers,  and  ministers,  which 
already  have  been  made,  as  also  which  hereafter  shall  be 
by  them  thought  (it  and  needful  to  be  made  or  used,  for 
Mie  government  of  the  said  colony  and  plantation  ; 

XIV.  And  also  to  make,  ordain,  and  establish  all  man- 
ner of  orders,  laws,   directions,   instructions,  forms,  and       To  esi« 
ceremonies  of  government  and  magistracy,  lit  ami  neces-  wjshf<«ra8 
sarv,  for  and  concerning  the  government  of  (lie  said  colo-  nientTr"" 
ny  and  plantation  ;  and  the  same  :it  all  tinv>  hereafter,  to  ihe  colon? 


9£ 


ANCIENT  CHARTERS. 


1609. 

May  23d. 

7th  James 
1st. 

S<c  >nd 
charter    to 
the  trea- 
surer and 
company 
of    Virgin- 
ia. 


On  notice 
of  the   ap- 
pointment 
of  a    Gov- 
enor  by 
the  treasu- 
rer &.  com- 
pany, the 
powers  of 
the  termer 
governor 
&,  council 
to  cease. 


How  new 
members 
may  be  ad- 
mitted, k. 
old  ones 
disfran- 
chised, 


Privilege 
of  mining. 


abrogate,  revoke,  or  change,  not  only  within  the  precincts 
of  the  said  colony,  but  also  upon  the  seas  in  going  and 
coming,  to  and  from  the  said  colony,  as  they,  in  their 
good  discretion,  shall  think  to  he  fittest  for  the  good  of 
the  adventurers  and  inhabitants  there. 

XV.  And  we  do  also  declare,  that,  for  divers  reasons 
and  considerations  ns  thereunto  especially  moving,  our 
will  and  pleasure  is,  and  we  do  hereby  ordain,  that  im- 
mediately from  and  after  such  time,  as  any  such  governor 
or  principal  officer,  so  to  be  nominated  and  appointed,  by 
our  said  council,  for  the  government  of  the  said  colony, 
as  aforesaid,  shall  arrive  in  Virginia,  and  give  notice  un- 
to the  colony  there  resident  of  our  pleasure  in  this  behalf, 
the  government,  power,  and  authority  of  the  president 
and  council,  heretofore  by  our  former  letters  patents  there 
established,  and  all  laws  and  constitutions,  by  them  for- 
merly made,  shall  utterly  cease  and  be  determined,  and 
all  officers,  governors,  and  ministers, formerly  constituted 
or  appointed,  shall  be  discharged,  any  thing,  in  our  for- 
mer letters  patents  concerning  the  said  plantation  con- 
tained, in  any  wise  to  the  contrary  notwithstanding; 
straightly  charging  and  commanding  the  president  and 
council,  now  resident  in  the  said  colony,  upon  their  alle- 
giance, after  knowledge  given  unto  them  of  our  will  and 
pleasure,  by  these  presents  signified  and  declared,  that  they 
forthwith  be  obedient  to  such  governor  or  governors,  as 
by  our  said  council,  here  resident,  shall  be  named  and 
appointed,  as  aforesaid,  and  to  all  directions,  orders  and 
commandments,  which  they  shall  receive  from  them,  as 
well  in  the  present  resigning  and  giving  up  of  their  au- 
thority, offices,  charges  and  places,  as  in  all  other  attend- 
ance, as  shall  be  by  them,  from  time  to  time,  required. 

XVI.  And  we  do  further,  by  these  presents,  ordain 
and  establish,  that  the  said  treasurer  and  council  here 
resident,  and  their  successors,  or  any  four  of  them,  be- 
ing assembled  (the  treasurer  being  one)  shall,  from  time 
to  time,  have  full  power  and  authority,  to  admit  and  re- 
ceive any  other  person  into  their  company,  corporation, 
and  1  eedomj  and  further,  in  a  general  assembly  of  the 
adventurers,  with  the  consent  of  the  greater  part,  upon 
good  cause,  to  disfranchise  and  put  out  any  person  or  per- 
sons, out  of  the  said  freedom  and  company. 

XVII.  And  we  do  also  grant  and  confirm,  for  us,  our 
heirs  and  successors,  that   it  shall  be  lawful  for  the  said 


ANCIENT  CHARTERS.  9S 

treasurer  and  company,  and  their  successors,  by  direction      1609. 
of  the  governors  there,  to  dig  and  to  search  for  all  manner 
of  mines  of  gold,  silver,  copper,  iron,  lead,   tin,  and  all 
sorts  of  minerals,  as  well  within  the  precinct  aforesaid,   7ih  James 
as  within  any  part  of  the  main  land,  not  formerly  granted         ls( 
to  any  other;  and  to  have  and  enjoy  the  gold,  silver,  cop- 
per, iron,  lead,  and  tin,  and  all  other  minerals,  to  be  got-  2ti  charter 
ten  thereby,   to  the  use  and  behoof  of  the  said  company  to  thi- 
ol'planters  and  adventurers;  yielding  thereof,  and  paying  g^j^. 
yearly,  unto  us,  our  heirs  and  successors,  as  aforesaid.        ,,v  0f  Vir- 

GfUil&a 

XVIII.  And  we  do  further,  of  our  special  grace,  cer- 
tain knowledge,  and  mere  motion,  for  us,  our  heirs,  and  Treasurer] 
successors,  grant,  by  these  presents,  to  and  with  the  said   and  com- 
treasurer  and  company,  and  their  successors,  that  it  shall  [^^  \"&y 
be  lawful  and  free  for  them,  and  their  assigns,  at  all  and  venturers 
every  time  and  times  hereafter,  out  of  our  realm  of  Eng-  irom  E|1S- 
land,  and  out  of  all  other  our  dominions,  to  take  and  lead  e™eVhere 
into  the  said  voyages,  and  for  and  towards  the  said  plan- 
tation, and  to  travel  thitherwards,  and  to  abide  and  inha- 
bit there  in  the  said  colony  and  plantation,  all  such  and  so 

many  of  our  loving  subjects,  or  any  other  strangers,  that 
will  become  our  loving  subjects  and  live  under  our  obe- 
dience, as  shall  willingly  accompany  them  in  the  said 
voyage  and  plantation;  with  sufficient  shipping,  armour, 
weapons,  ordinance,  munition,  powder,  shot,  victuals,  and 
such  merchandizes  or  wares,  as  are  esteemed  by  the  wild 
people  in  those  parts,  cloathing,  implements,  furniture, 
cattle,  horses,  and  mares,  and  all  other  things,  necessary 
for  the  said  plantation,  and  for  their  use,  and  defence, 
and  trade  With  the  people  there;  and  in  passing  and  re- 
turning to  and  fro;  without  yielding  or  paying  subsidy, 
custom,  imposition,  or  any  other  tax  or  duty,  to  us,  our 
heirs  or  successors,  for  the  space  of  seven  years  from  the 
date  of  these  presents:  Provided,  that  none  of  the  said 
persons  be  such,  as  shall  be  hereafter,  by  especial  name, 
restrained  by  us,  our  heirs,  and  successors.  Colonists 

XIX.  And  for  their  further  encu-uragement,  of  our  spe-  from  cus- 
cial  grace  and  favor,  we  do,  by  these  presents,  for  us,  our  J°ms  ior 
heirs,  and  successors,  yield  and  grant,  to  and  with  the  ami Vlon', 
said  treasurer  and  company,  and  their  successors,  and  eve-  taxes  lor- 
ry of  them,  their  factors,  and  assigns,  that  they  and  every  ev"'P" 
of  them,   shall   be  free  of  all   subsidies  and    customs  in  ,,tr cent. 
Virginia,  for  the  space  of  one  and  twenty  years,  and  from  o»  goods 
ali  i  axes  and   impositions,    for  ever,   upon  any  goods  or  !wtp0we? 

gland. 


34 


ANCIENT  CHARTERS. 


1609. 

May  23 J. 

Tl!)  James 
1st. 


Second 
charter  to 
the  trea- 
surer and 
Company 
of  Vinriri- 


Golonjsts 
may  expel 
intruders, 


Duly  on 
foreigners. 


merchandises,  at  any  time  or  times  hereafter,  either  upon 
importation  thither,  or  exportation  from  thence,  into  our 
realms  of  England,  or  into  any  other  of  our  realms  or  do- 
minions, by  the  said  treasurer  awd  company,  and  their 
successors,  their  deputies,  factors,  or  assigns,  or  any  of 
them :  Except  only  the  five  pounds  per  cent,  due  for  cus- 
tom, upon  all  such  goods  and  merchandizes,  as  shall 
be  brought  or  imported  into  our  realm  of  England,  or 
any  other  of  these  our  dominions,  according  to  the  ancient 
trade  of  merchants;  which  five  pounds  per  cent,  only  be- 
ing paid,  it  shall  be  thenceforth  lawful  and  free  for  the 
said  adventurers,  the  same  goods  and  merchandizes  to  ex- 
port, and  carry  out  of  our  said  dominions,  into  foreign 
parts,  without  any  custom,  tax,  or  other  duty,  to  be  paid 
to  us,  our  heirs,  or  successors,  or  to  any  other  our  officers 
or  deputies;  Provided,  that  the  said  goods  and  merchan- 
dizes be  shipped  out,  within  thirteen  months,  after  the  first 
landing  within  any  part  of  those  dominions. 

XX.  And  we  do  also  grant  and  confirm  to  the  said 
treasurer  and  company,  and  their  successors,  as  also  to 
all  and  every  such  governor,  or  other  officers  and  minis- 
ters, as  by  our  said  council  shall  be  appointed  to  have 
power,  authority  of  government  and  command,  in  or  over 
the  said  colony  or  plantation ;  that  they,  and  every  of  them, 
shall  and  lawfully  may,  from  time  to  time,  and  at  all  times 
for  ever  hereafter,  for  their  several  defence  and  safety,  en- 
counter, expulse,  repel,  and  resist,  by  force  and  arms,  as 
well  by  sea  as  by  land,  and  all  ways  and  means  whatso- 
ever, all  and  every  such  person  and  persons  whatsoever, 
as  (without  the  special  licence  of  the  said  treasurer  and 
company,  and  their  successors)  shall  attempt  to  inhabit, 
within  the  said  several  precincts  and  limits  of  the  said 
colony  and  plantation;  and  also,  all  and  every  such  per- 
son and  persons  whatsoever,  as  shall  enterprise  or  at- 
tempt, at  any  time  hereafter,  destruction,  invasion,  hurt, 
detriment,  or  annoyance,  to  the  said  colony  and  planta- 
tion, as  is  likewise  specified  in  the  said  former  grant. 

XXI.  And  that  it  shall  be  lawful  for  the  said  treasurer 
and  company,  and  their  successors,  and  every  of  them, 
from  lime  to  time,  and  at  all  times  for  ever  hereafter,  and 
they  shall  have  full  power  and  authority,  to  take  and  sur- 
prise, by  all  ways  and  means  whatsoever,  all  and  every 
person  and  persons  whatsoever,  with  their  ships,  goods, 
and  other  furniture,  trafficking  in  any  harbor,  creek,   or 


ANCIENT  CHARTERS.  05 

ce  within  the  limits  or  precincts  of  the  said  colony  and     1609. 
plantation,  not  being  allowed  by  the  said  company  to  be 
•adventurers  or  planters  of  the  said  colony,  until  such  time,      ''-v 
as  they,  being  of  any  realms  and  dominions  under  our  7th  James 
obedience,  shall  pay,  or  agree  to  pay,  to  the  hands  of  the        lst- 
treasurer  or  of  some  other  officer,  deputed  by  the  said   v-""'v~^' 
governor  of  Virginia  (over  and  above  such  subsidy  and  ?^  the*"0' 
custom,  as  the  said  company  is,  or  hereafter  shall  be,  to  treasurer 
pay)  five  pounds  percent,  upon  all  goods  and  merchan-  &cpmpa 
dizes  so  brought  in  thither,  and  also  five  per  cent,  upon  "j^ 
all  goods  by  them  shipped  out  from  thence  ;  and  being 
strangers,  and  not  under  our  obedience,  until  they  have 
paid  (over  and  above  such  subsidy  and  custom,  as  the 
said  treasurer  and  company,  or  their  successors,  is,  or 
hereafter  shall  be,  to  pay)  ten  pounds  per  cent,  upon  all 
such  goods,  likewise,  carried  in  and  out,  any  thing,  in  the 
-aid  former  letters  patents,  to  the  contrary  notwithstand- 
ing; and  the  same  sums  of  money  and  benefit,  as  afore 
said,  for  and  during  the  space  of  one  and  twenty  years, 
.-.hall  be  wholly  employed  to  the  benefit,  use,  and  behoof 
of  the  said  colony  and  plantation;  and  after  the  said  one 
and  twenty  years  ended,  the  same  shall  be  taken  to  the 
use  of  us,  our  heirs  and  successors,  by  such  officers  and 
ministers,   as   by  us,  our  heirs,   or  successors,  shall  be 
thereunto  assigned  and  appointed,  as  is  specified  in  the 
said  former  letters  patents. 

XXII.  Also,  we  do,  for  us,  our  heirs,  and  successors, 
declaic,  by  these  presents,  that  all  and  every  the  persons,  e/sv&the;; 
being  our  subjects,  which  shall  go  and  inhabit  within  the  posterity 
-aid  eolonv  and  plantation,  ande^ery  of  theirchildrenand  ,0,be  ,con~ 
posterity,  which,  shall  happen  to  be  born  within  any  the  British 
limits  thereof,  shall  have  and  enjoy  all  liberties,  franchi-  subject- 

and  immunities  of  free  denizens  and  natural  subjects, 
within  any  of  our  other  dominions,  to  all  intents  and  pur- 
poses, as  if  they  had  been  abiding  and  born,  within  this 
our  realm  of  England,  or  in  any  other  of  our  dominions. 

XXIII.  And  forasmuch,  as  it  shall  be  necessary  for  all  1>owcr  ot' 
»uch  our  loving  subjects,  as  shall  inhabit  within  the  said  Cj[  jn  £„ 
precincts  of  Virginia,  aforesaid,  to  determine  to  live  to-  gland, as 
^eiher,  in  the  fear  and  true  worship  of  Almighty  God,  ,0Clv,la,ir: 

Pm     •     •  i       •      i  ■  '  i-ii  religion^ 

L-lirisiian  peace,  and   civil  quietness,  each  with  other,   mAurr  . 
whereby  every  one  may,  with  more  safety,  pleasure,  and 
profit,  enjoy  that,  whereunto  they  shall  attain  with  great 
pain,  and  peril ;  we,  for  us,  our  heirs,  and  sueros«ors.  are 


96 


ANCIENT  CHARTERS. 


1609. 

May  23d. 

7(h    James 
1st. 

2d  charter 
to  the 
treasurer 
&.  compa- 
ny of   Vir- 
ginia. 


likewise  pleased  and  contented,  and  by  these  prsents,  dt> 
give  and  grant  unto  the  said  treasurer  and  company,  and 
their  successors,  and  to  such  governors,  officers  and  mi- 
nisters, as  shall  be,  by  our  said  council,  constituted  and 
appointed,  according  to  the  natures  and  limits  of  their 
offices  and  places  respectively,  that  they  shall  and  may, 
from  time  to  time  forever  hereafter,  within  the  said  pre- 
cincts, of  Virginia,  or  in  the  way  by  *  sea  thither  and 
from  thence,  have  full  and  absolute  power  and  authority, 
to  correct,  punish,  pardon,  govern  and  rule,  all  such  the 
subjects  of  us,  our  heirs  and  successors,  as  shall,  from 
time  to  time,  adventure  themselves  in  any  voyage  thither, 
or  that  shall,  at  any  time  hereafter,  inhabit  in  the  precincts 
and  territories  of  the  said  colony,  as  aforesaid,  according 
to  such  orders,  ordinances,  constitutions,  directions,  and 
instructions,  as  by  our  said  council,  as  aforesaid,  shall  be 
established  ;  and  in  defect  thereof,  in  case  of  necessity, 
according  to  the  good  t  discretions  of  the  said  governor 
and  officers,  respectively,  as  well  in  cases  capital  and  cri- 
minal as  civil,  both  marine  and  other;  So  always,  as  the 
said  statutes,  ordinances  and  proceedings,  as  near  as  con- 
veniently may  be,  be  agreeable  to  the  laws,  statutes,  go- 
vernment, and  policy  of  our  realm  of  this  England. 

XXIV.  And  we  do  further,  of  our  special  grace,  cer- 
tain knowledge,  and  mere  motion,  grant,  declare  and  or- 
dain, that  such  principal  governor,  as  from  time  to  time. 
shall  duly  and  lawfully  be  authorised  and  appointed,  in 
manner  and  form  in  these  presents  heretofore  expressed, 
shall  have  full  power  and  authority,  to  use  and  exercise 
martial  law,  in  cases  of  rebellion  or  mutiny,  in  as  large 
and  ample  manner,  as  our  lieutenants  in  our  J  counties, 
within  this  our  realm  of  England,  have  or  ought  to  have, 
by  force  of  their  commissions  of  Lieutenantcy. 

Penaityfor  XXV.  And  furthermore,  if  any  person  or  persons,  ad- 
fraudulent-  venturers  or  planters  of  the  said  colony,  or  any  other,  at 
•roods  oth-  any  t-lme  ov  tmies  hereafter,  shall  transport  any  monies, 
er  than  to  goods  or  merchandises,  out  of  any  of  our  kingdoms,  with 
the  port  of  .,  pretence  or  purpose,  to  land,  sell  or  otherwise  dispose  of 
tioii.  the  same,  within  the  limits  or  bounds  of  the  said  colony. 

ahd  yet  nevertheless,  being  at  sea,  or  after  he  hath  landed 
within  any  part  oH  the  said  colony,  shall  carry  the  sani" 


Power  of 
the  gover- 
nor and 
council  in 
Virginia. 


Martial 
!avv  to  be 
f  ii  forced 
in  cases  of 
rebellion 
or  mutiny. 


MS, 


seas 


+  MS.  Directions 


:   M3.  Country? 


ANCIENT  CHARTERS.  97 

into  any  other   foreign  country,  with  a  purpose  there  to      1609. 
sell  ami  dispose  thereof;  that  then  all  the  poods  and  chat- 
tels of  the  said  person,  or  persons,  so  offending  and  trans- 
ported, together  with    the  ship  or  vessel,  wherein  such  7th  James 
transportation    was    made,    shall   be   forfeited  to  us,  our        lsf- 
heirs  and  successors. 

XXVT.  And  further  our  v. ill  and  pleasure  is,  that  in  Construe- 
all  questions  and  doubts,  that  shall  arise,  upon  any  diffi-  tll011  of  . 

,   l  .  '.  •  r  *\  •  charters! 

culty  oi  construction  or  interpretation  of  any  tiling-,  con-  to  bPmosti 

taiued  either  in  this,  or  in  oursaid  former  letters  patents,  the   favorai.ie 

same  shall  be  taken   and  interpreted,  in  most  ample  and   ,otrtja>ur' 

/»  •  i>  •  i  j   ei  an<* 

beneficial  manner  lor  the  said  treasurer  and  company,  and   company 

their  successors,  and  every  member  thereof. 

XXVII.  And  further,  we  do,  by  these  presents,  ratify  Former 
and  confirm  unto  the  said  treasurer  and  company,  and  privileges 
their    successors,  all  the  privileges,  franchises,  liberties, 

and  immunities,  granted  in  our  said  former  letters  pa- 
tents, and  not  in  these  our  letters  patents  revoked,  altered, 
changed,  or  abridged. 

XXVIII.  And  finally,  our  will  and  pleasure  is,  and  we  Whoenti- 
do  further,  hereby,  for  us,  our  heirs,  and  successors, grant  "edtoprv. 
and  agree,  to  and  with  the  said  treasurer  and  company,  adventur- 
aod  their  successors,  that  all  and  singular  person  and  per-  ers. 
ions,  which  shall  at  any  time  or  times  hereafter  adventure 

any  sum  or  sums  of  money,  in  and  towards  the  said  plan- 
tation of  the  said  colony  in  Virginia,  and  shall  be  admitted 
by  the  said  council  and  company,  as  adventurers  of  the 
said  colony,  in  form  aforesaid,  and  shall  be  enrolled  in 
the  book  of  records  of  the  adventurers  of  the  said  com- 
pany, shall  and  may  be  accounted,  accepted,  taken,  held, 
and  reputed,  adventurers  of  the,. said  colony,  and  shall 
and  may  enjoy  all  and  singular  grants,  privileges,  liberties, 
benefits,  profits,  commodities, and  immunities,  advantages, 
and  emoluments,  whatsoever,  as  fully,  largely,  amply,  and 
absolutely,  as  if  they,  and  every  of  them,  had  been  pre- 
cisely, plainly,  singularly,  and  distinctly,  named  and  in- 
serted in  these  our  letters  patents. 

XXIX.   And  lastly,  because  the  principal  effect,  which  J°a?"*rd 
we  can  desire  or  expect  of  this  action,  is  the  conversion  *he  super- 
and  reduction  of  the  people  in  those  parts  unto  the  true  siitions  of 
worship  of  God  and  Christian  religion,  in  which  respect  ^j^e0'1 
we  should  be  loath,  that  any  person  should  he  permitted 

N 


y»  ANCIENT  CHARTERS. 

the  oath  of  t()  paS3j  that  we  suspected  to  effect  the  superstitions  of  the 
toh'-' t<-i'-"V  church  of  Rome;  we  do  hereby  declare,  that  it  is  our 
dereiltoall  will  and  pleasure,  that  none  be  permitted  to  pass  in  any 
persons.  voyage,  from  time  to  time  to  be  made  into  the  said  coun- 
try, but  such,  as  first  sual!  have  taken  the  oath  of  supre- 
macy; for  which  purpose,  we  do,  by  these  presents,  give 
full  power  and  authority,  to  the  treasurer  for  the  time 
being,  and  any  three  of  the  council,  to  tender  and  exhibit 
the  said  oath,  lo  all  such  persons,  as  shall,  at  any  time,  be 
sent  and  employed  in  the  said  voyage.  Although  express 
mention  of  the  true  yearly  value  or  certainty  of  the  pre- 
mises, or  any  of  them,  or  of  any  other  gifts  or  grants,  by 
us  or  any  of  our  progenitors  or  predecessors,  to  the  afore- 
said treasurer  ami  company  heretofore  made,  in  these  pre- 
sents is  not  made;  oran}'  act, statute,  ordinance,  provision, 
proclamation,  or  restraint,  to  the  contrary  hereof  had, 
made,  ordained,  or  provided,  or  any  other  thing,  cause, 
or  matter,  whatsoever,  in  any  wise  notwithstanding.  In 
witness  whereof,  we  have  caused  these  our  letters  to  be 
made,  patent.  Witness  ourself  at  Westminster,  the  23d 
day  of  May,  in  the  seventh  year  of  our  reign  of  England, 
France,  and  Ireland,  and  of  Scotland  the  **** 

Per  ipsum  Regcm. 

Lutein* 


:1  Third  Charter  of  K.  James  I.  to  the  Treasurer  aiul 
Company,  for  Virginia, 

(Dated  March   12,   1GI1-2. Sixths  Appendi 

No.  3.; 

Hunt  1.  JAMES,  by   the   grace  of  God,   king  of  Engiand, 

d.arte.  to     Scotland.  France  and  Ireland,  defender  of  the  faith;  to 
surwand     a"  to  whom  these  presents  shall  come  greeting,  Whereas, 
company      at  the  humble  suit  of    divers  and    sundry    our    loving 
for  Virgin-   syhjpcts,  as  well  adventurers  as  planters  of  the  first  colo- 
ny in  Virginia,  and  for  the  propogation  of  christian  reli- 
ttfidtnl.        gion,  and  reclaiming  of  people  barbarous  to  civility  and 
humanity,  we  have,  by  our  letters  patents,  bearing  date, 
at  Westminster,  the  three  and  twentieth  day  of  May,  in 
the  seventh  }ear  of  our  reign  of  England,   France,  and 
Ireland,  and  the  two  and  fortieth  of  Scotland,  given  and 


ANCIENT  CHARTERS.  9$ 

granted  unto  them,  that  they,  and  all  such  and  so  many  of  161 1-2. 
our  loving  subjects,  as  should  from  time  to  lime  for  ever  _        13 
after,  be  joined  with  them,  as  planters  or  adventurers  in 
the  said  plantation,  and  their  successors,  forever,  should  9th  James, 
be  one  body  politick,  incorporated  by  the  name  of,  The 
Treasurer  and  Company  of  Adventurers  and  Planters  of  ^^^^ 
the  city  of  London  for  the  first  Colony  in  Virginia.  tc*  ^c  a** 

II.  And  whereas  also,  for  the  greale  good  and  benefit  of 
the  said  company,  and  for  the  belter  furtherance,  strength- 
ening and  establishing  of  the  said  plantation,  we  did  fur- 
ther give,  grant  and  confirm,  by  our  said  letters  patents,      Fovmei 
unto  the  said  treasurer,  and  company,  and  their  succes-   Jjjj'jjj: 
sors,  for  ever,  all  those  lands,  countries,  or  territories,  tcd. 
situate,  lying,  and  being,  in  that  part  of  America  called 
Virginia,  from  the  point  of  land,  called  Cape  or  Point 
Comfort,  all  along  the  sea  coasts,  to  the  northward,  two 
hundred  miles,  and  from  the  said  point  of  Cape  Comfort 

all  along  the  sea  coast,  to  the  southward,  two  hundred 
miles,  and  all  that  space  and  circuit  of  land,  lying  from 
the  sea  coast  of  the  precinct  aforesaid,  up  or  into  the  land, 
throughout  from  sea  to  sea,  west  and  northwest,  and  also 
all  the  islands,  lying  within  one  hundred  miles,  along  the 
coast  of  both  the  seas  of  the  precinct  aforesaid,  with  di- 
vers other  grants,  liberties,  franchises,  and  preheminen- 
ces,  privileges,  profits,  benefits, and  commodities,  grant- 
ed, in  and  by  our  said  letters  patents,  to  the  said  treasur- 
er and  company,  and  their  successors,  for  ever  : 

III.  Now,  forasmuch  as  we  are  given  to  understand,  Preamble. 
that  in  those  seas,  adjoining  to  the  said  coast  of  Virginia, 

and  without  the  compass  of  those  two  hundred  miles,  by 
us  so  granted  unto  the  said  treasurer  and  company,  as 
aforesaid,  and  yet  not  far  distant  from  the  said  colony  in 
Virginia,  there  are,  or  may  be,  divers  islands,  lying  de- 
solate and  uninhabited,  some  of  which  are  already  made 
known  and  discovered,  by  the  industry,  travel,  and  ex- 
pences  of  the  said  company,  and  Others  edso  are  supposed 
to  be  and  remain,  as  yet,  unknown  and  undiscovered,  all 
and  every  of  which  it  may  import  ihe  said  colony,  both  in 
safety  and  policy  of  trade,  to  populate  and  plant,  in  re- 
gard whereof,  as  well  for  the  preventing  of  peril,  as  for 
the  better  commodity  and  prosperity  of  the  said  colony, 
they  have  been  humble  suitors  unto  us,  that  we  would  be 
pleased  to  grant  unto  them  *  an  enlargement  of  our  said 

-  and  US 


100  ANCIENT  CHARTERS. 

161 1—2.    former  letters  patents,  as  well  for  a  more  ample  extent  of 

their  limits  and  territories  into  the  seas,  adjoining  to  and 

upon  the  coast  of  Virginia,  as  also  for  some  other  mat- 

9th  James    ters  and  articles,  concerning  the  better  government  of  the 

,st-         said  company  and  colony,  in  which  point  our  said  former 

^^^""^^  letters  patents  do  not  extend  so  far,  as  time  and  experi- 

'  char"  ence  hath  found  lo  be  needful  and  convenient: 

Extension         IV.  We  therefore,  tendering  the  good  and  happy  suc- 
ot  bounda-  r  tjie      j(j  p|antation,  both  in  regard  of  the  general 

rics,  so  ns  '  »  "  o 

to  include  t  weal  of  human  society,  as  in  respect  of  the  good  of  our 
all  the  is-  own  estate  and  kingdoms*  and  being  willing  to  give  fur- 
in<'\ithin  therance  unto  all  good  means,  that  may  advance  the  bene- 
S  hundred  fit  of  the  said  |  company,  and  which  may. secure  the  safe- 
leagues  of  ty  of  our  lovitig  subjects,  planted  in  our  said  colony  un- 
nfLt°n  l'  ^er  tne  favour  at)d  protection  of  God  Almighty,  and  of 
our  royal  power  and  authority,  have  therefore,  of  our  es- 
pecial grace,  ■  e  tain  knowledge,  and  mere  motion,  given, 
granted,  and  confirmed,  and  for  us,  our  heirs  and  succes- 
sors, wo  do,  by  these  presents,  give,  grant,  and  confirm,  to 
the  said  treasurer  and  company  of  adventurers  and  plant- 
ers of  the  city  of  London  for  the  first  colony  in  Virginia, 
and  to  their  heirs  and  successors,  for  ever,  all  and  singu- 
lar those  Islands  whatsoever,  situate  and  being  in  any  part 
of  the  ocean  seas  bordering  upon  the  coast  of  our  said  first 
colony  in  Virginia,  and  being  within  three  hundred  leagues 
of  any  the  parts  heretofore  granted  to  the  said  treasurer 
and  company,  in  our  said  former  letters  patents,  as  afore- 
said, and  being  within  or  between  the  one  and  fortieth  and 
thirieth  degreesof  northerly  latitude,  together  with  all  and 
singular  soils,  lands,  grounds,  havens,  ports,  rivers,  wa- 
ters, fishings,  mines,  and  minerals,  as  well  royal  mines  of 
gold  and  silver,  as  other  mines  and  minerals,  pearls,  pre- 
cious stones,  quarries,  and  all  and  singular  other  commo- 
dities, jurisdictions,  royalties,  privileges,  franchises,  and 
preheminences,  both  within  the  said  tract  of  land  upon 
the  main,  and  also  within  the  said  Islands  and  seas  ad- 
joining, whatsoever,  and  thereunto  or  thereabouts,  both 
by  sea  and  land,  being  or  situate;  and  which,  by  our  let- 
ters patents,  we  may  or  can  grant,  and  in  as  ample  man- 
nev  and  sort,  as  we,  or  any  our  noble  progenitors,  have 
heretofore  granted  to  any  person  or  persons,  or  to  any 
company,  body  politick  or  corporate,  or  to  any  adventur- 

t  MS.  whee.J.  I  MS.  companies. 


ANCIENT  CHARTERS.  101 


March    12. 


Habend 
am. 


er  or  adventurers,  undertaker  or  undertakers,  of  any  dis-  1611-2. 
coveries,  plantations,  or  traffick,  of,  in  or  into  any  foreign 
parts,  whatsoever,  and  in  as  large  and  ample  manner,  as 
if  the  same  were  herein  particularly  named,  mentioned,  9th  James 
and  expressed  :  Provided  always,  that  the  said  Islands,  or  lst- 
any  the  premises  herein  mentioned,  or  by  these  presents  ^-^"v-^w 
intended  or  ^  meant  to  be  granted,  be  not  actually  pos-  **<*»*■ 
sessed  or  inhabited  by  any  other  Christian  prince  orestate, 
nor  be  within  the  bounds,  limits,  or  territories  of  the 
northern  colony,  heretofore  by  us  granted  to  be  planted 
by  divers  of  our  loving  subjects,  in  the  north  parts  of 
Virginia.  To  have  and  to  hold,  possess  and  enjoy,  *  all 
and  singular  the  said  Islands,  in  the  said  ocean  seas  so  ly- 
ing, and  bordering  upon  the  coast  and  coasts  of  the  terri- 
tories of  the  said  first  colony  in  Virginia,  as  aforesaid; 
with  all  and  singular  the  said  soils,  lands,  and  grounds, 
and  all  and  singular  other  the  premises,  heretofore  by 
these  presents  granted,  or  mentioned  to  be  granted,  to 
them,  the  said  f  treasurer  and  company  of  adventurers  and 
planters  of  the  city  of  London  for  the  first  colony  in  Vir- 
ginia, and  to  their  heirs,  successors,  and  assigns,  for 
ever,  to  the  sole  and  proper  use  and  behoof  of  them,  the 
said  treasurer  and  company,  and  their  heirs,  and  succes- 
sors, and  assigns,  forever;  to  be  holden  of  us,  our  heirs,  Tenure, 
and  successors,  as  of  our  manor  of  East  Greenwich,  in 
free  and  common  socage,  and  not  in  capite;  yielding  and 
paying  therefore  to  us,  our  heirs,  and  successors,  the 
|  fifth  part  of  the  ore  of  all  gold  and  silver,  which  shall  be 
there  gotten,  had  or  obtained,  for  all  manner  of  services 
whatsoever. 

V.  And  further,  our  will  and  pleasure  is,  and  we  do,   Additional 
by  these  presents,  grant  and    confirm,  for  the  good  and  *„  admit- 
welfareof  the  said  plantation, and  that  posterity  may  here-  ted 
after  know,  who  have  adventured  and  not  been  sparing  of 
their  purses  in  such  a  noble  and  generous  action  for  the 
general   good  of  their  country,  and  at  the  request,  and 
with  the  consent,  of  the  company  aforesaid,  that  our  trus- 
ty and  well  beloved  ^  subjects,  George,  Lord  Archbishop 
of  Canterbury,  Henry,  Earl  of  Huntington,  Edward,  Earl 
of  Bedford,  Richard,    of  Clanrickard,  &c.    who    since 
our  said  last  letters  patents  are  become  adventurers,  and 
have  joined  themselves  with  the  former  adventurers  and 
planters   of  the   said  company  and   society,  shall   from 

§  MS.  mean  *  MS.  and  and  singular  *  MS.  Treasurers. 

\  MB   firtl  5  MS.  subject. 

UN:  itNLd 

RA 


102  ANCIENT  CHARTERS. 

1611-2.  henceforth,  be  reputed,  deemed,  and  taken  to  be,  and 
shall  be  brethren  and  free  members  of  the  company,  and 

March  12.  sjiajj  ancj  may,  respectively,  and  according  to  the  propor- 

9th  James  tion  and  value  of  their  several  adventures,  have,  hold  and 
1st-        enjoy  all  such  interest,  right,  title,  privileges,  preheminen- 

^^^s^s  cies,  liberties,  franchises,  immunities,  profits,  and  commo- 
3d  char-  dities,  whatsoever,  in  as  large,  and  ample,  and  beneficial 
manner,  to  all  intents,  constructions,  and  purposes,  as  any 
other  adventurers,  nominated  and  expressed  in  any  our 
former  letters  patents,  or  any  of  them,  have  or  may  have, 
by  force  and  virtue  of  these  presents,  or  any  our  former 
letters  patents  whatsoever. 

Additional  VI.  And  we  are  further  pleased,  and  we  do  by  these 
councillors  presentSj  grant  and  confirm,  that  Philip,  Earl  of  Mont- 
gomery, William,  Lord  Paget,  Sir  John  Starrington,Knt. 
&c.  whom  the  said  treasurer  and  company  have,  since  the 
said  last  letters  patents,  nominated  and  set  down,  as  wor- 
thy and  discreet  persons,  fit  to  serve  us  as  counsellors,  to 
be  of  our  council  for  the  said  plantation,  shall  be  reput- 
ed, deemed,  and  taken  as  persons  of  our  said  council  for 
the  said  first  colony,  in  such  manner  and  sort,  to  all  in- 
tents and  purposes,  as  those  who  have  been  formerly  elect- 
ed and  nominated,  as  our  counsellors  for  that  colony,  and 
•  whose  names  have  been  or  are  inserted  and  expressed,  in 
our  said  former  letters  patents. 

Courts  or         VII.  And  we  do  hereby  ordain  and  grant,  by  these  pre- 
i".";","s      sents,  that  the  said  treasurer  and  company  of  adventurers 

ol  the  trea-  ' .  .  i     n  i  i 

surer  and     iU1°-  planters  aloresasd,  slialJ  and  may,  once  every   week 

company,     or  oftener,  at  their  pleasure,  hold  and  keep  a  court  and 

hour  con-      assemolv  for  the  better  order  and  government  of  the  said 
strutted,  y '  .  " 

plantation,  and  such  things,  as  shall  concern   the  same; 

and  that  any  five  persons  of  our  council  for  the  said  first 
colony  in  Virginia,  fur  the  time  being,  of  which  company 
the  treasurer,  or  his  deputy,  to  be  always  one,  and  the 
number  of  fifteen  others,  at  the  lea«t,  of  the  generality  of 
the  said  company,  assembled  together  in  such  manner,  as 
is  and  hath  been  heretofore  used  and  accustomed,  shall  be 
said,  taken,  held,  and  reputed  to  be,  and  shall  be  a  suffi- 
cient court  of  the  said  company,  for  the  handling,  and  or- 
dering, and  dispatching  of  all  such  casual  and  particular 
occurrences,  and  accidental  matters,  of  less  consequence 
ind  weight,  as  shall  from  time  to  time,  happen,  touching 
and  concerning  the  said  plantation  : 


ANCIENT  CHARTERS.  103 

VIII.    And  that  nevertheless,  for  the  handling,  order-  1611-2. 
ing,  and  disposing  of  matters  and  affairs  of  greater  weight 
and  importance,   and   such  as  shall  or  may,  in  any  sort, 

concern  the  *weal  puhlick  and  general  good  of  the  said  9th  James 
company  and  plantation,  as  namely  the  mannerof  govern-         lst* 

ment  from  time  to  time  to  be  used,  the  ordering  and  dis-  v^Tv7ta' 

posing  of  the  lands  and  possessions,  and  the  settling  and  ter,jSic. 
establishing  of  a  trade  there,   or  such  like,  there  shall  be 

held  and  kept,  every  year,  upon  the  last  Wednesday,  save  4  great  & 

one,  of  Hillary  term,  Easter,  Trinity,   and  Michaelmas  g«wai 

r  ill  11         courts  tp 

terms,  for  ever,  one  great,  general,  and  solemn  assembly,  bebeM 
which  four  assemblies  shall  be  stiled  and  called,  The  four  yearly 
Great  and  General  Courts  of  the  Council  and  Company 
of  Adventurers  for  Virginia ;  f  in  all  and  every  of  which 
said  great  and  general  courts,  so  assembled,  our  will  and 
pleasure  is,  and  we  do,  for  us,  our  heirs,  and  successors, 
for  ever,  give  and  grant  to  the  said  treasurer  and  company 
and  their  successors,  for  ever,  by  these  presents,  that 
they  the  said  treasurer  and  company,  or  the  greater  num- 
ber of  them,  so  assembled,  shall  and  may  have  full  power 
and  authority,  from  time  to  lime,  and  at  all  times  hereaf- 
ter, to  elect  and  choose  discreet  persons,  to  be  of  our  said 
council,  for  the  s>aid  first  colony  in  Virginia,  and  to  no- 
minate and  appoint  such  officers,  as  they  shall  think  fit  Their 
and  requisite,  for  the  government,  managing,  order-  Power 
ing,  and  dispatching  of  the  affairs  of  the  said  company, 
and  shall  likewise  have  full  power  and  authority,  to  or- 
dain and  make  such  laws  and  ordinances,  for  the  good 
and  welfare  of  the  said  plantation,  as  to  them,  from  time 
to  time,  shall  be  thought  requisite  and  meet:  so  always,  as 
the  same  be  not  contrary  to  the  laws  and  statutes  of  this 
our  realm  of  England  ;  and  shall,  in  like  manner,  J  have 
power  and  authority,  to  expulse,  disfranchise,  and  put, 
out  of  and  from  their  said  company  and  society,  for  ever, 
all  and  every  such  person  and  persons,  as  having  either 
promised,  or  subscribed  their  names,  to  become  adventu- 
rers to  the  said  plantation  of  the  said  first  colony  in  Vir- 
ginia, fy  or  having  been  nominated  for  adventurers,  in 
these  or  any  other  our  letters  patents,  or  having  been 
otherwise  admitted  and  nominated  to  be  of  the  said  com- 
pany, have  nevertheless  either  not  put  in  any  adventure 
at  all,  for  and  towards  the  said  plantation,  or  else  have  re 

*  MS.  w,  with  a  blank  after  it  t  MS.  in  and  every 

1   MS.  Iiave  •ud  authority  ,  MS.  of 


104 


ANCIENT  CHARTERS. 


1611-2. 

March  12. 
9th  J  imes 

1st. 

3d  char- 
ter,  &c. 

TIip  judg- 
es, atWesf- 
mjnister 

and  else- 
where to 
favor  suits 
i'or  sub- 
scriptions. 


Treasurer 
fa  compa- 
ny may  ad- 
mit new 
adventur- 
ers 


fused  and  neglected,  or  shall  refuse  and  neglect,  to  bring 
in  his  or  their  adventure,  by  word  or  writing  promised, 
within  six  months  after  the  same  shall  be  so  payable  and 
due. 

IX.  And  whereas  the  failing  and  not  payment  of  such 
monies,  as  have  been  promised  in  adventure  for  the  ad- 
vancement of  the  said  plantation,  hath  been  often  by  ex- 
perience found,  to  be  dangerous  and  prejudicial  to  the 
same,  and  much  to  have  hindered  the  progress  and  pro- 
ceeding of  the  said  plantation,  and  for  that  it  seemeth  un- 
to us  a  thing  reasonable,  that  such  persons,  as  by  their 
hand  writing  have  engaged  themselves  for  the  payment 
of  their  adventures,  and  afterwards  neglecting  their  faith 
and  promise,  should  be  compelled  to  make  good  and  keep 
the  same  ;  therefore  our  will  and  pleasure  is,  that  in  any 
suitor  suits,  commenced  or  to  be  commenced,  in  any  of  our 
courts  at  Westminster,  or  elsewhere,  by  the  said  treasurer 
and  company,  or  otherwise,  against  any  such  persons, 
that  our  judges  for  the  time  being,  both  in  our  court  of 
chancery,  and  at  the  common  pleas,  do  favour  and  further 
the  said  suits,  so  far  forth  as  law  and  equity  will,  in  any 
wise,  further  and  permit. 

X.  And  we  do,  for  us,  our  heirs,  and  successors,  fur- 
ther give  and  grant  to  the  said  treasurer  and  company,  or 
their  successors,  for  ever,  that  they,  the  said  treasurer 
and  company,  or  the  greater  part  of  them,  for  the  time 
being,  so  in  a  full  and  general  court  assembled,  as  afore- 
said, shall  and  may,  from  time  to  time,  and  at  all  times 
for  ever  hereafter,  elect,  choose,  and  admit  into  their 
company  and  society,  any  person  or  persons,  as  well  stran- 
gers* and  aliens,  born  in  any  part  beyond  the  seas  where 
soever,  being  in  amity  with  us,  as  our  natural  leige  sub- 
jects, born  in  any  our  realms,  and  dominions ;  and  that 
all  such  persons,  so  elected,  chosen  and  admitted  to  be  of 
the  said  company,  as  aforesaid,  shall  thereupon  betaken, 
reputed,  and  held,  and  shall  be,  free  members  of  the  said 
company,  and  shall  have,  hold,  and  enjoy,  all  and  singu- 
lar freedoms,  liberties,  franchises,  privileges,  immunities, 
benefits,  profits  and  commodities,  whatsoever,  to  the  said 
company  in  any  sort  belonging  or  appertaining,  as  fully, 
freely,  and  amply,  as  any  other  adventurers,  now  being, 
or  which  hereafter  at  any  time  <=hn!l  be  of  the  said  com- 


•   MS   a? 


tNGlENT  CHARTERS  10S 


courage 
migration 


pany,  hath,  have,  shall,  may,  might,  or  ought;  to  have  and   1611-2, 
enjoy  the   same,   to    all  intents    and  purposes    whatsoe- 

*  J  l       r  Murcli  12. 

ver. 

-irw  1^1  e-  Dili  James 

XI.  And  we  do  further  of  our  especial  grace,  certain        1st. 

knowledge,  and  mere  motion,  for  us,  our  heirs,  and  sue-  s-^-v-"*-' 
cessors,  give  and  grant  unto  the  said  treasurer  and  com-  3d  char- 
pany,  and  their  successors,  for  ever,  by  these  presents,  er' 
that  it  shall  be  lawful  and  free,  for  them  and  their  as-  May  en 
signs,  at  all  and  every  time  and  times  hereafter,  out  of  any 
our  realms  and  dominions  whatsoever,  to  take,  lead, 
carry,  and  transport,  in  and  into  the  said  voyage,  aud  for 
and  towards  the  said  plantation,  of  our  said  first  colony 
in  Virginia,  all  such  and  so  many  of  our  loving  subjects, 
or  any  other  strangers,  that  will  become  our  loving  sub- 
jects and  live  under  our  allegiance,  as  shall  willingly  ac- 
company them  in  the  said  voyages  and  plantation  ;  with 
shipping,  armour,  weapons,  ordinance,  munition,  powder, 
shot,  victuals,  and  all  manner  of  merchandises  and  wares, 
and  all  manner  ofcloathing,  implements,  furniture,  beasts 
cattle,  horses,  mares,  and  all  other  things  necessary  for 
the  said  plantation,  and  for  their  use  and  defence,  and  for 
trade  with  the  people  there,  and  in  passing  and  returning 
to  and  from,  without  paying  or  yielding  any  subsidy,  cus- 
lora,  or  imposition,  either  inward  or  outward,  or  any  other 
duty,  to  us,  our  heirs,  or  successors,  for  the  same,  for  the 
pace  of  seven  years  from  the  date  of  these  present?, 

XII.  And  we  do  further,  for  us,  our  heirs,  aud  succes-  v, 
sors,  give  and  grant  to  the  said  treasurer  and  company,   adminis- 
and  their  successors,  for  ever,  by  these  presents,  that  the  oaihs'of 
said  treasurer  of  that  company,   or  his  deputy,  for  the  allegiance 
time  being,  or  any  two  other  of  the  said  council  for  the  &c- 
said  first  colony  in  Virginia,  for  the  time  being,  or  any 

two  other  at  all  times  hereafter  and  from  time  to  time, 
have  full  power  and  authority  to  minister  and  give  the 
oath  and  oaths  of  supremacy  and  allegiance,  or  either  of 
them,  to  all  and  every  person  aud  persons,  which  shall  at 
any  time  or  times  hereafter  go  or  pass  to  the  said  colony 
ID  Virginia  : 

XIII.  And  further,  that  it  shall  be  lawful  likewise  for  Certain 

\\\o.  said  treasurer,  or  his  deputy,  for  the  time  being,  or  otheroatl 

any  two  or  others  of  our  said  council  for  the  s;tid  first  <;u-   '""y  '"•"' 
.....,,.  ,  ;,  .  .  ministered 

lonv  in  Virginia,  lor  the  time  being,  from  time  to  time. 

<» 


106  ANCIENT  CHARTERS. 

1611-2.    and  at  all  times  hereafter,  to  minister  such  a  forma!  oath, 

as  by  their  discretion  shall  be  reasonably  devised,  as  well 

Arc  unto  any  person  or  persons,  employed  in,  for,  or  touching 

9th  James  the  said  plantation,  for  their  honest,  faithful,  and  just  dis- 
li:t-         charge  of  their  service,   in  all  such  matters,  as  shall  be 

'"T^T""'    committed  unto  them  for  the  good  and  benefit  of  the  said 

ter,  kc.  company,  colony,  and  plantation  ;  as  also,  unto  such  other 
person  or  persons,  as  the  said  treasurer  or  his  deputy, 
with  two  others  of  the  said  council,  shall  think  meet,  for 
the  examination  or  clearing  of  the  truth,  in  any  cause 
whatsoever  concerning  the  said  plantation,  or  any  busi- 
ness, from  thence  proceeding,  or  thereunto  belonging. 

Kecitai  of  XIV.  And  furthermore,  whereas  we  have  been  certi- 
fromthcS  ^ec*?  ^lat  divers  lew'd  ar>d  ill-disposed  persons,  both  sail- 
company,  ors  soldiers,  artificers,  husbandmen,  labourers,  and 
&.of  mis-  others,  having  received  wages,  *  apparel,  and  other  en- 
tations  re-  tertainment,  from  the  said  company,  or  having  contracted 
specting  it.  and  agreed  with  the  said  company,  to  go,  or  to  serve,  or 
to  be  imployed  in  the  said  plantation  of  the  said  first  co- 
iony  in  Virginia,  have  afterwards  either  withdrawn,  hid 
or  concealed  themselves,  or  have  refused  to  go  thither, 
after  they  have  been  so  entertained  and  agreed  withal  ; 
and  that  divers  and  sundry  persons  also,  which  have  been 
sent  and  employed  in  the  said  plantation  of  the  said  first 
colony  in  Virginia,  at  and  upon  the  charge  of  the  said 
company,  and  having  there  misbehaved  themselves,  by 
mutinies,  sedition,  or  other  notorious  misdemeanors,  or 
having  been  employed  or  sent  abroad,  by  the  governor  of 
Virginia  or  his  deputy,  with  some  ship  or  pinnace,  for 
our  provision  of  the  said  colony,  or  for  some  discovery, 
or  other  business  and  affairs,  concerning  the  same,  have 
from  thence  most  treacherously,  either  come  back  again 
and  returned  unto  our  realm  of  England,  by  stealth,  or 
without  licence  of  our  governor  of  our  said  colony  in  Vir- 
ginia for  the  time  being,  or  have  been  sent  hither,  as  mis- 
doers  and  offenders  ;  and  that  man}7  also  of  those  persons, 
after  their  return  from  thence,  having  been  questioned  by 
our  said  council  here,  for  such  their  misbehaviors  and 
offences,  by  their  insolent  and  contemptuous  carriage  in 
the  presence  of  our  said  council,  have  shewed  little  re- 
spect and  reverence,  either  to  the  place,  or  authority,  in 
which  we  have  placed  and  appointed  them  ;  and  others, 
for  the  colouring  of  their  lewdness   and  misdemeanor* 

C  I  "  I      itliei 


■iA   char- 


ANCIENT  CHARTERS.  10? 

committed  in  Virginia,  have  endeavored,  by  most  vile  and  161 1-2. 
slanderous  reports,  made  and  divulged,  as  well  of  the  ,, 

ciT-      ■    ■  i  r.u  .         i       l   .       March  l1.'. 

country  of  Virginia,  as  also  ot  the  government  arid  estate 

of  the  said  plantation  and  colony,  as  much  as  in  them  lay,  9ih  James 
to  bring  the  said  voyage  and  plantation  into  disgrace  and        lst- 
contempt;  by  means  whereof,  not  only  the  adventurers 
and  planters,  already  engaged  in  the  said  plantation,  ter*&c^ 
have  been  exceedingly  abused  and  hindered,  and  a  great 
number  of  other  our  loving  and  well  disposed  subjects, 
otherwise  well  affected,  and  enchned  to  join  and  adven- 
ture in  so  noble,  christian,  and  worthy  an  action,  ha 
been  discouraged  from  the  same,  but  also  the  utter  over- 
throw and  ruin  of  the  said  enterprise  hath  been  greatly 
endangered,  which  cannot  miscarry  without  some  disho- 
nour to  us  and  our  kingdom  ; 

XV.  Now,  forasmuch  as  it  appeareth  unto  us,  that 
these  insolences,  misdemeanors,  and  abuses,  not  to  be 
tolerated  in  any  civil  government,  have,  for  the  most  part, 
grown  and  proceeded,  in  regard  our  said  council  have  not 
any  direct  power  and  authority,  by  any  express  words 
in  our  former  letters  patents,  to  correct  and  chastise  such 
offenders;  we  therefore,  for  the  more  speedy  reformation 
of  so  great  and  enormous  abuses  and  misdemeanor  . 
heretofore  practised  and  committed,  and  for  the  prevent- 
ing of  the  like  hereafter,  do,  by  these  presents,  for  us,  our 
heirs,  and  successors,  give  and  grant  to  the  said  treasur- 
er and  company,  and  their  successors,  for  ever,  that  it 
shall  and  may  be  lawful  for  our  said  council  for  the  said 
first  colony  in  Virginia,  or  any  two  of  them  (whereof  the 
said  treasurer,  or  his  deputy,  for  the  time  being,  to  be  al- 
ways one)  by  warrant  under  their  hands,  to  send  for,  or 
to  cause  to  be  apprehended,  all  and  every  .such  person,  Offenders 
and  persons,  who  shall  be  noted>  or  accused,  or  found,  at  labole  cas. 
any  lime  or  times  hereafter,  to  offend,  or  misbehave  them-  es,  how 
selves,  in  any  the  offences  before  mentioned  and  express-  0PPrehen- 
ed;  and  upon  the  examination  of  any  such  onender  or  ot-  punished. 
fenders,  and  just  proof  made  by  oath,  taken  before  the 
said  council,  of  any  such  notorious  misdemeanors  by 
them  committed,  as  aforesaid  ;  and  also  upon  any  inso- 
lent and  contemptuous,  or  indecent  carriage,  and  misbe- 
haviour, to  or  against  our  said  council,  shewed  or  used 
by  any  such  person  or  persons,  so  called,  convented,  and 
appearing  before  them,  as  aforesaid;  that  in  all  such 
.  they,  our  said  council,  or  any  two  of  them,  for  the 
time  being,  shall  and  may  have  full  power  and  authority, 


r  CHARTERS. 

1611-2.    either  here  to  bind  them  over  with  good  sureties  lor  then 

good  behaviour,  and  further  therein  to  proceed,  to  all  in- 
Alarch  12.   f   '•„  ,  '  -t-  ,  ,.     f   ,.,  '  ... 

tents  and  purposes,  as  it  is  used,  in  other  like  cases,  witn- 

9th  James  in  our  realm  of  England  ;    or  else,  at  their  discretion  to 

lst-        remand  and  send  them  back,  the  said  offenders,  or  any  of 

V^7^T^    them,  unto  the  said  colony  in   Virginia,  there  to  be  pro- 

ter,  &c.        ceeded  against  and   punished,  as  the  governor,  deputy, 

or  council  there,  for  the  time  being,  shall  think  meet;  or 

otherwise  according  to  such  laws  and  ordinances,  as  are 

and  shall  be  in  use  there,  for  the  well  ordering  and  good 

government  of  the  said  colony. 

Lotteries  XVI,  And  for  the  more  effectual  advancing  of  the  said 

«i  for' the  plantation,  we  do  further,  for  us.  our  heirs,  and  succes- 
benrfit  of  sors,  of  our  especial  grace  and  favour,  by  virtue  of  our 
the  colony,  prerogative  royal,  and  by  the  assent  and  consent  of  the 
Lords  and  others  of  our  privy  council,  give  and  grant 
unto  the  said  treasurer  and  company,  full  power  and  au- 
thority, free  leave,  liberty,  and  licence,  to  set  forth,  erect, 
and  publish,  one  or  more  lottery  or  lotteries,  to  have 
continuance, and  to  endure  and  be  held,  for  thespace  of 
our  whole  year,  next  after  the  opening  of  the  same;  and 
after  the  end  and  expiration  of  the  said  term,  the  said 
lottery  or  lotteries  to  continue  and  be  further  kept,  dur- 
ing our  will  and  pleasure  only,  and  not  otherwise.  And 
yet  nevertheless,  we  are  contented  and  pleased  for  the 
good  and  welfare  of  the  said  plantation,  that  the  said 
treasurer  and  company  shall,  for  the  dispatch  and  finish- 
ing of  the  said  lottery  or  lotteries,  have  six  months  warn- 
ing after  the  said  year  ended,  before  our  will  and  plea- 
sure shall,  for  and  on  that  behalf,  be  construed,  deemed, 
and  adjudged,  to  be  in  any  wise  altered  and  determined. 

Where  XVII.  And  our  further  will  and  pleasure  is,  that  the 

said  lottery  and  lotteries  shall  and  may  be  opened  and 
held,  within  our  city  of  London,  or  in  any  other  city  or 
town,  or  elsewhere,  within  this  our  realm  of  England, 
with  such  prizes,  articles,  conditions,  and  limitations,  as 
to  them,  the  said  treasurer  and  company,  as  their  dis- 
cretion shall  seem  convenient : 

Treasurer        XVII I.  And  that  it  shall  and  may  be  lawful,  to  and 

and  coin-       .         .  .  ,  ,  J        ,  '    , 

pany  may    I0r  the  said  treasurer  and  company,  to  elect  and  choose 
appoint  of-  receivers,  auditors,  surveyors,  commissioners,    or   any 
?n'0(       other  officers,  whatsoever,  at  their  will  and  pleasure,  for  the 
belter  marshalling,  disposing,  guiding,  and  governing 


1st. 


ANCIENT  CHARTERS.  109 

die  said  lottery  and  lotteries  ;  and  that  it  shall  likewise  be    16 11-2. 
lawful,  to  and  for  the  said  treasurer  and  any  two  of  the 
-aid  council,  to  minister  to  all  and  every  such  person  so 
elected    and  chosen   for    officers,    as    aforesaid,  one   or  9th  James 
more  oaths,  for  their  good  behaviour,  just  and  true  deal- 
ing, in  and  about  the  said  lottery  or  lotteries,  to  the  in- 
tent and  purpose,  that  none  of  our  loving  subjects,  put-  the  iottc. 
ting,  in  their  names,  or  otherwise  adventuring  in  the  said   rics,  and 
general  lottery  or  lotteries,  may  be,  in  any  wise,  defraud-  JjJjJ'g"!?** 
edand  deceived  of  their  said  monies,  or  evil  and  indirect-  them. 
Iv  dealt  withal  in  their  said  adventures. 

XIX.  And  we  further  grant  in  manner  and  form  afore-  M        ,,  % 
said,  that  it  shall  and  may  be  lawful,  to  and  for  the  said   lishthe 
treasurer  and  company,  under  the  seal  of  the  said  council  schemes 
for  the  plantation,  to  publish,  or  to  cause  and  procure  to  be  °otteriec 
published,  by  proclamation  or  otherwise  (the  said  procla- 
mation, to  be  made  in  their  name,  by  virtue  of  these  pre- 
sents) the  said  lottery  or  lotteries  in  all  cities,  towns,  bo- 
roughs, and  other  places  within  our 

said  realm  of  England ;  and  we  will  and  command  all 
f  mayors,  justices  of  peace,  sheriffs,  bailiffs,  constables, 
and  other  officers  and  loving  subjects,  whatsoever,  that, 
id  no  wise,  they  hinder  or  delay  the  progress  and  proceed- 
ings of  the  said  lottery  or  lotteries,  but  be  therein  touch- 
ing the  premises,  aiding  and  assisting,  by  all  honest  good 
and  lawful  means  and  endeavours. 

XX.  And  further  our  will  and  pleasure  is,  that  in  allques-  £^,7°' 
lions,  and  doubts,  that  shall  arise,  upon  any  difficulty  J  of  charters 
construction  or  interpretation  of  any  thing  contained  in 

these,  or  any  other  our  former  letters  patents,  the  same 
shall  be  taken  and  interpreted,  in  most  ample  and  benefi- 
cial manner  for  the  said  treasurer  and  company,  and  their 
'uccessors,  for  ever,  and  every  member  thereof. 

XXI.  And  lastly,  we  do  by  these  presents,  ratify  and  *  oxv™*les 
confirm  unto  the  said  treasurer  and  company,  and  their   confirmed. 
successors,  for  ever,  all  and  all  manner  of  privileges,  fran- 

hises,  liberties,  immmunities,  preheminences,  profits  and 
commodities,  whatsoever,  granted  unto  them  in  any 
our  former  letters  patents,  and  not  in  these  presents  re- 
cked, altered,  changed,  or  abridged,  although  express 
mention  of  the  true  yearly  value  or  certainty  of  the  pre- 
es,  or  any  of  them,  or  of  any  other  gift  or  grant,  by  us 

BVtM  MS 


110 


ANCIENT  CHARTERS. 


1611-2.   or  any  of  our  progenitors  or  predecessors,  to  the  aforesaid 
,.     ,    ,     treasurer  and  company  heretofore  made,  in  these  presents 

March  12.     .  ,  ..  i«  •   • 

is  not  made ;  or  any  statute,   act,   ordinance,  provision, 
9th  James   proclamation,  or  restraint,  to  the  contrary  thereof  hereto- 
fore made,    ordained,  or  provided,  or  any  other  matter, 
cause,  or  thing,  whatsoever,  to  the  contrary,  in  any  wise, 


1st. 


3d  Char 
ter,  &c. 


notwithstanding. 


In  witness  whereof  we  have  caused  these  our  letters 
to  be  made  patents.  Witness  ourself,  at  Westminster, 
the  twelfth  day  of  March,  in  the  ninth  year  of  our  reign 
of  England,  France,  and  Ireland,  and  of  Scotland  the 
five  and  fortieth. 


Form  of 
govern- 
ment for 
the  first 
colony  of 
Virginia. 


Two  su- 
preme 
councils. 


An  Ordinance  and  Constitution  of  the  Treasurer  Coun- 
cil, and  Company  in  England,  for  a  Council  of  State 
and  General  Assembly. 

(Dated  July  24,  1621.—  StitVs  Appendix,  M.  4.) 

I.  TO  all  people,  to  whom  these  presents  shall  come, 
be  seen,  or  heard,  the  treasurer,  council,  and  company 
of  adventurers  and  planters  for  the  city  of  London  for 
the  first  colony  of  Virginia,  send  greeting.  Know  ye, 
that  we,  the  said  treasurer,  council,  and  company,  taking 
into  our  careful  consideration  the  present  state  of  the  said 
colony  of  Virginia,  and  intending  by  the  divine  assist- 
ance, to  settle  such  a  form  of  government  there,  as  may 
be  to  the  greatest  benefit  and  comfort  of  the  people,  and 
whereby  all  injustice,  grievances,  and  oppression  may  be 
prevented  and  kept  off  as  much  as  possible,  from  the  said 
colony,  have  thought  fit  to  make  our  entrance,  by  order- 
ing and  establishing  such  supreme  councils,  as  may  not 
only  be  assisting  to  the  governor  for  the  time  being,  in 
the  administration  of  justice,  and  the  executing  of  other 
duties  to  this  office  belonging,  but  also,  by  their  vigilant 
care  and  prudence,  may  provide,  as  well  for  a  remedy  of 
all  inconveniences,  growing  from  time  to  time,  as  also 
for  advancing  of  increase,  strength,  stability,  and  pros- 
perity of  the  said  colony  : 

II.  We  therefore,  the  said  treasurer,  council,  and  coni- 
pan}',  *by  authority  directed  to  us  from  his  majesty  im- 

*  Vide  section  XIV.  and  XXIM    <>r  (tic  second  charter,  and  section 
VIJT.  of  the  third 


ANCIENT  CHARTERS  III 

tier  the  great  seal,  upon  mature  deliberation,  do  hereby     1621, 
order  and  declare,  that,  from  hence  forward,  there  shall  be 
two  supreme  councils  in  Virginia,  for  the  better  govern-      u  y 
meat  of  the  said  colony  aforesaid. 


Council  of 
stale. 


nt» 


III.  The  one  of  which  councils,  to  be  called  the  coun- 
cil of  state,  (and  whose  office  shall  chiefly  be  assisting, 
with  their  care,  advice,  and  circumspection,  to  the 
said  governor)  shall  be  chosen,  uominated,  placed,  and 
displaced,  from  time  to  time,  by  us  the  said  treasurer, 
council  and  company,  and  our  successors  :  which  council 
of  state  shall  consist,  for  the  present  only  of  these  persons, 
as  are  here  inserted ,  viz.  sir  Francis  Wyatt,  *  governor  of  Th^" 
Virginia,  captain  Francis  West,  sir  George  Yeardley, 
knight,  sir  William  Neuce,  knight,  marshal  of  Virginia, 
Mr.  George  Sandys,  treasurer,  Mr.  George  f  Thorpe,  de- 
puty of  the  college,  captain  Thomas  Neuce,  deputy  for  the 
company,  Mr.  Powlet,  Mr.  Leech,  captain  Nathaniel  Pow- 
el,  Mr.  Christopher  Davidson,  secretary,  Doctor  Potts, 
physician  to  the  company,  Mr.  Roger  Smith,  Mr.  John 
Berkeley,  Mr.  John  Roife,  Mr.  Ralph  Hamer,  Mr.  John 
t  Pountis,  Mr.  Michael  Lapworth,  Mr.  Harwood,  Mr. 
Samuel  Macock.  Which  said  counsellors  and  council  and  autho- 
we  earnestly  pray  and  desire,  and  in  his  majesty's  name 
strictly  charge  and  command,  that  (all  factions,  partiali- 
ties, and  sinister  respect  laid  aside)  they  bend  their  care 
and  endeavours  to  assist  the  said  governor  j  first  and 
principally,  in  the  advancement  of  the  honour  and  service 
of  God,  and  the  enlargement  of  his  kingdom  against  the 
heathen  people;  and  next,  in  erecting  of  the  said  colony 
in  due  obedience  to  his  majesty,  and  all  lawful  authority 
from  his  majesty's  directions  ;  and  lastly,  in  maintaining 
the  said  people  in  justice  and  christian  conversation 
amongst  themselves,  and  in  strength  and  ability  to  with- 
nd  their  enemies.  And  this  council,  to  be  always,  or 
for  the  most  part,  residing  about  or  near  the  gover- 
nor. 


*  It  is  to  be  noted,  that  the  governor  is  always  inserted  in  the  old  com 
missions,  as  a  part,  and  the  head  of  the  council  of  state. 

.3.  Thorne  ;  but  as  I  am  perfectly  well  acquainted  with  these  names 
.-Hid  persons,  by  perusing  the  ancient  records,  I  shnll  take  the  liberty  o- 
correcting  the  erroi  ber-- — Sitfft 

MS.  Downtut 


112 


Ai\CIENT  CHARTERS. 


1621. 

July  24th. 


The  other 
council  to 
be  called 
the  general 
assembly, 
how  cho- 
sen. 


Their  duty. 


;N'o  law  to 
be  obliga- 
tory till 
ratified  in 
a  general 
quarter 
court  in 
England. 


IV.  The  other  council,  more  generally  to  be  called  fay 
the  governor,  once  yearly,  and  no  *  ofteuer,  but  for  j-  very 
extraordinary  and  important  occasions,  shall  consist  J  for 
the  present,  of  the  said  council  of  state,  and  of  two  bur- 
gesses out  of  every  town,  hundred,  or  other  particular 
plantation,  to  be  respectively  chosen  by  the  inhabitants : 
which  council  shall  be  called  The  General  Assembly, 
wherein  (as  also  in  the  said  council  of  state)  all  matters 
shall  be  decided,  determined,  and  ordered  by  the  greater 
part  of  the  voices  then  present ;  reserving  to  the  governor 
always  a  negative  voice.  And  this  general  assembly  shall 
have  free  power,  to  treat,  consult,  and  conclude,  as  well 
of  all  emergent  occasions  concerning  the  pubhck  weal  of 
the  said  colony  and  every  part  thereof,  as  also  to  make, 
ordain,  and  enact  such  general  laws  and  orders,  for  the 
behoof  of  the  said  colony,  and  the  good  government  there- 
of, as  shall,  from  time  to  time,  appear  necessary  or  re- 
quisite ; 

V.  Whereas  in  all  other  things,  we  require  the  said 
general  asembly,  as  also  the  said  council  of  state,  to  imi- 
tate and  follow  the  policy  of  the  form  of  government,  laws, 
customs,  and  manner  of  trial,  and  other  administration  of 
justice,  used  in  the  realm  of  England,  as  near  as  may  be 
even  as  ourselves,  by  his  majesty's  letters  patent,  are  re- 
quired. 

VI.  Provided,  that  no  law  or  ordinance,  made  in  the 
said  general  assembly,  shall  be  or  continue  in  force  or  va- 
lidity, unless  the  same  shall  be  solemnly  ratified  and  con- 
firmed, in  a  general  quarter  court  of  the  said  ^  company 
here  in  England,  and  so  ratified,  be  returned  to  them  un- 
der our  seal ;  it  being  our  intent  to  afford  the  like  mea- 
sure also  unto  the  said  colony,  that  after  the  government 
of  the  said  colony  shall  once  have  been  well  framed,  and 
settled  accordingly,  which  is  to  be  done  by  us,  as  by  autho- 
rity derived  from  his  majesty,  and  the  same  shall  have 
been  so  by  us  declared,  no  orders  of  court  afterwards, 
shall   bind  the  said  colony,  unless  they  be  ratified  in 

J  MS.  officer. 

i  MS.  very  and  extraordinary  important ;  which  likewise  makes  sense; 
taking  extraordinary  adverbinlh. 

MS.  for  prescn* 

■    MS  Court 


ANCIENT  CHARTERS.  118 

like  manner    in    the    general    assemblies.       In  witness  1621. 
whereof  we  have  hereunto  set  our  common  seal  the  24th 

of  July,  1621,  and  in  the  year  of  the  reign  of  our  sove-  Jll,y  24'h 

reign  lord,  James,  king  of  England,  See.  the  ****  and  —    James 

»f  Scotland  the  ****  is'- 


COMMISSION 


TO 


SIR  FRANCIS  WYATT,  &c. 


§  toman/  of  the  ORDINANCE  and  CONSTITUTION 
oj  the  Treasurer,  Council  and  Company  in  England,  for 
a  C  nmril  of  State,  and  another  Council  to  be  called  the 
GENERAL  ASSEMBLY  in  Virginia,  contained  in 
a  Commission  to  Sir  Francis  Wyatt,  (the  first  Governor 
under  that  Ordinance  and  Constitution.)  and  his  Connal. 

(Fiom  Ancient  Records,  Vol.  3,  containing  Charters,  Com- 
missions, $c) 

THE  TREASURER  and  COMPANY'S    Commis-     Commi*. 
sion   to   Sir   Francis    Wuatt,    Governor,    and    Council,  5Ion  1o  S" 
which  said  council  are  to  assist  the  governor  in  the  ad-   Wyatt,  &c 
ministration  of  justice,  to  advance  Christianity  among  In- 
dians, to  erect  the  colony  in  obedience  to  his  majesty  and 
in  maintaining  the  people  injustice  and  christian  conver- 
sation, and  strengthening  them  against  enemies.  The  said 
governor,  council,  and  two  burgesses  out  of  every  town, 
hundred  or  plantation,  to  be  chosen  by  the  inhabitants  to 
make  up  a  general  assembly,  who  are  to  decide  all  matters 
by  the  greatest  number  of  voices;  but  the  governor  is  to 
have  a  negative  voice,  to  have  power  to  make  orders  and 
acts  necessary,  wherein  they  are  to  imitate  the  policy  of 
the  form  of  government,  laws,  customs,  manner  of  tryal, 
and  other  administration  of  justice  used  in  England,  as 

P 


114 


COMMISSION  TO  SIR  FRANCIS  WYATT,  &c. 


1621.  the  company  are  required  by  their  letters  patents.     No 

July  ii4th.  law  to  continue  or  be  of  force  till  ratified    by  a   quarter 

7th  Jamos  court  to  be  held  in  England,  and  returned  under  seal. — 

lst-  After  the  colony  is  well  framed  and  settled,  no  order  of 

^r^**"  quarter  court  in  England  shall  bind   till   ratified   bv  the 

sion  to  Sir  general  assembly. 

£*•'?  Dated  24th  July,  1621. 

VVvatt,  *" 
Sic 


INSTRUCTIONS 


TO 


GOVERNOR  WYATT. 


Instmc-  BY  instructions  dated  24th  July,  1621:  To  keep  up 

turns  to  Sir  religion  of  the  church  of  England  as  near  as  may  be; — 

Wyatt,  &.c    to  De  obedient  to  the  king  and  do  justice  after  the  form 

of  the  laws  of  England;  and   not  to  injure  the  natives; 

.  and  to  forget  old  quarrels  now  buried  : 

To  be  industrious,  and  suppress  drunkenness,  gaming, 
and  excess  in  cloaths;  not  to  permit  any  but  the  council 
and  heads  of  hundreds  to  wear  gold  in  their  cloaths,  or  to 
wear  silk  till  they  make  it  themselves  : 

Not  to  offend  any  foreign  princes;  to  punish  piracies; 
to  build  fortresses  and  block- houses  at  the  mouths  of  the 
rivers  : 

To  use  meons  to  convert  the  heathens,  viz.  to  converse 
with  some;  each  town  to  teach  some  children  fit  for  the 
college  intended  to  be  built : 

After  Sir  George  Yeardley  has' gathered  the  present 
year's  crop,  he  is  to  deliver  to  Sir  Francis  Wyatt,  the 
hundred  tenants  belonging  to  governor's  place  ;  Yeard- 
ley's  government  to  expire  the  ISih  November  next,  and 
then  Wyatt  to  be  published  governor  ;  to  swear  the  coun- 
cil; 

George  Sandis  appointed  treasurer,  and  he  is  to  put  in 
execution  all  orders  of  court  about  staple  commodities; 


INSTRUCTIONS  TO  SIR  FRANCIS  WYATT,  &c.  115 

to  whom  is  allotted  fifteen  hundred  acres  and  fifty  ten-      1621. 
ants.     To  the   marshall   Sir  William   Newce   the  same. 
To  company's  deputy  the  same.     To  the  physician  five  Ju'y  24th 
hundred  acres  and  twenty  tenants;  and  the  same  to  the  —^james 
secretary  : 

To  review  the  commissions  to  Sir  George  Yeardley, 
governor,  and  the  council,  dated  18th  November,  1618, 
for  dividing  the  colony  into  cities,  boroughs,  &c.  and  to 
observe  all  former  instructions  (a  copy  whereof  was  sent) 
if  they  did  not  contradict  the  present ;  and  all  orders  of 
court  (made  in  England  :) 

To  make  a  catalogue  of  the  people  in  every  plantation, 
and  their  conditions;  and  of  deaths,  marriages  and  chris- 
tenings : 

To  take  care  of  dead  persons'  estates  for  the  right 
owners  ;  and  keep  a  list  of  all  cattle,  and  cause  the  se- 
cretary to  return  copies  of  the  premises  once  a  year: 

To  take  care  of  every  plantation  upon  the  death  of  their 
chief;  not  to  plant  above  one  hundred  pounds  of  tobac- 
co per  head  ;  to  sow  great  quantities  of  corn  for  their 
own  use,  and  to  support  the  multitudes  to  be  sent  yearly ; 
to  inclose  lands;  to  keep  cows,  swine,  poultry,  &c.  and 
particularly  kyne,  which  are  not  to  be  killed  yet: 

Next  to  corn,  plant  mulbury  trees,  and  make  silk,  and 
take  care  of  the  French  men  and  others  sent  about  that 
work;  to  try  silk  grass;  to  plant  abundance  of  vines, 
and  take  care  of  the  vignerors  sent : 

To  put  prentices  to  trades,  and  not  let  them  forsake 
their  trades  for  planting  tobacco,  or  any  such  useless 
commodity  : 

To  take  care  of  the  Dutch  sent  to  build  saw-mills,  and 
seat  them  at  the  Falls,  that  they  may  bring  their  timber 
by  the  current  of  the  water  : 

To  build  water-mills*  arid  block-houses  in  every  plan 

'ation  : 

That  all  contracts  in  England  or  Virginia  be  perform 
tJ.  and  the  brf  aches  punished  according  to  justice  : 


116  INSTRUCTIONS  TO  SIR  FRANCIS  WYATT,  fee 

\  1621.  Tenants  not  to  be  inticednway  ;  to  take  ease  of  those 

sent  about  an  iron  work,  and  especially  Mr.  John  Berke- 

uy         "  ley,  that  they  dont  miscarry  again,  this   being  the  great- 

—    James  est  hope  and  expectation  oi"  the  colonies. 
1st. 

To  make  salt,  pitch,  tar,  soap,  ashes,  &c.  so  often  re- 
commended, and  for  which  materials  had  been  sent;  to 
make  oyl  of  walnuts,  and  employ  apothecaries  in  distilling 
lees  of  beer,  and  searching  aiter  minerals,  dyes,  gums, 
and  drugs,  &c.  and  send  small  quantities  home: 

To  make  small  quantity  of  tobacco,and  that  very  good; 
that  the  houses  appointed  for  the  reception  of  new  co- 
mers and  public  storehouses  be  built,  kept  clean,  &c.  to 
send  the  state  of  affairs  quarterly,  and  a  duplicate  next 
shipping. 

To  take  care  oi  captain  William  Norton,  and  certain 
Italians  sent  to  set  up  a  glass  house. 

A  copy  of  a  treatise  of  the  plantation  business  and  ex- 
cellent observances  made  by  a  gentleman  of  capacity  is 
sent  to  lie  among  the  records,  and  recommended  to  the 
councillors  to  study. 

Mr.  William  Clayborne,  a  surveyor,  sent  to  survey  the 
planters  lands,  and  make  a  map  of  the  country  : 

Chief  officers  that  have  tenants  reprimanded  for  taking- 
fees;  but  require  that  the  clerks  have  fees  set  for  passes, 
warrants,  copies  of  orders,  &c. 

Governor  and  council  to  appoint  proper  times  for  ad- 
ministration of  justice  ;  and  provide  for  the  entertain- 
ment of  the  council  during  their  session,  to  be  together 
one  whole  month  about  state  affairs,  and  law  suits ;  to  re- 
cord plaints  of  consequence;  to  keep  a  register  of  thr 
acts  of  quarter  sessions,  and  send  home  copies  : 

If  a  governor  dies  the  major  part  of  council  to  choose 

one  of  themselves  within  fourteen  days  ;  but  if  voices  be 

liviclecl,  the  lieutenant  governor  shall  have  the  place;  and 

next  the  marshal!:  next  the  treasurer;  and  one  of  the 

v\vo  deputies  next : 

Governor  and  chief  officers  not  to  let  out  their  tenant* 
-^    isual. 


INSTRUCTIONS  TO  SIR  FRANCIS  WYATT,  &c.  1 11 

The  governor  only  to  summon  the  council,  and  sign  1621. 
warrants,  and  execute  or  give  authority  to  execute  coun- 

cil  orders,  except  in  cases  that  do  belong  to  the  marshall,  uy  " 

treasurer,  deputies,  Stc.  —  James 

1st. 

The  governor  to  have  absolute  authority  to  determine  s^ry**' 
and  punish  all  neglects,  and  contempts  of  authority,  ex- 
cept the  council,  who  are  to  be  tried  at  the  quarter  ses- 
sions and  censured.  Governor  to  have  but  the  casting 
voice  in  council  or  court,  but  in  the  assembly  a  negative 
voice. 

That  care  be  taken  that  there  be  no  engrossing  commo- 
dity, or  forestalling  the  market: 

All  servants  to  fare  alike  in  the  colony,  and  their  pu- 
nishment for  any  offences  is  to  serve  the  colony,  in  pub- 
lick  works : 

To  see  that  the  earl  of  Pembroke's  thirty  thousand 
acres  be  very  good  : 

To  make  discoveries  along  the  coast,  and  find  a  fishery 
between  James  River  and  Cape  Cod. 

As  to  raising  staple  commodities,  the  chief  officers  ought 
to  set  examples  and  to  aim  at  the  establishment  of  the  co- 
lony : 

And  lastly,  not  to  let  ships  stay  long,  and  to  freight 
them  with  walnut,  and  any  less  valuable  commodity. 

The  governor  administered  the  following  oath  to  the 
council. 

11  YOU  shall  swear  to  be  a  true  and  faithful  servant 
"  unto  the  king's  majesty,  as  one  of  his  council  for  Vir- 
"  ginia:  You  shall  in  all  things  to  be  moved,  treated,  and 
"  debated  in  that  council  concerning  Virginia  or  any  the 
"  territories  of  America,  between  the  degrees  of  thirty 
"  four  and  forty  five  from  the  equinoctial  line  northward, 
"or  the  trades  thereof,  faithfully  and  truly  declare  your 
u  mind  and  opinion,  according  to  your  heart  and  consci- 
ence;  and  shall  keep  secret  all  matters  committed  and 
K  revealed  to  you  concerning  the  same,  and  that  shall  be 
"  (mated  secretly  in  that  council,  or  this  council  of  Vir- 


i  18  INSTRUCTIONS  TO  SIR  FRANCIS  WYATT,  &c 

"  ginia,  or  the  more  part  of  them,  publication  shall  not  (a) 
"be  made  thereof;  And  of  all  matters  of  great  impor- 
"  tance,  or  difficulty,  before  you  resolve  thereupon,  you 
"  shall  make  his  majesty's  privy  council  acquainted  there- 
"  with,  and  follow  their  directions  therein:  You  shall  to 
"your  uttermost  bear  faith  and  allegiance  to  the  king's 
"  majesty,  his  heirs,  and  lawful  successors,  and  shall  as- 
"sist  and  defend  all  jurisdictions,  preheminences,  and  au- 
"thorities  granted  unto  his  majesty  and  annext  unto  the 
"crown  against  all  foreign  princes,  persons,  prelates  or 
"  potentates  whatsoever,  be  it  by  act  of  parliament  or 
"  otherwise:  and  generally, in  all  things,  you  shall  do  as  a 
"  faithful  and  true  servant  and  subject  ought  to  do.  So 
"  help  you  God  and  the  holy  contents  of  this  book." 

(a)  The  word  "  not"  inserted  by  the  editor.     It  rs  not  in  the  MP.  but  i< 
vas  certainly  an  omission  of  the  transcriber 


mAW$  (ow  wmmmm* 


From  the  first  Session  of  the  Legislature  in  1619,  fyc. 


05s*  IN  June,  1619,  the  first  Assembly  ever  held  id 
Virginia  was  convened  by  sir  George  Yeardley,  then 
Governor,  and  met  at  James  Town  ;  which  was  at  that 
time,  and  for  many  years  afterwards,  called  '•  James 
Citty."  Some  account  of  the  acts  passed  at  this  session, 
(taken  from  the  Ancient  Records  relating  to  Virginia,) 
is  given  in  a  note  prefixed  to  the  acts  of  1623-4  ;  being 
those  of  the  earliest  period  now  extant. 

In  May  1620,  we  are  told  by  historians,  that  another 
assembly  was  held  in  Virginia.  Beverley,  indeed,  makes 
it  the  first  legislature  under  the  colonial  government. 
But  of  the  acts  of  this  assembly  there  is  no  mention  iu 
the  proceedings  of  the  London  Company;  a  circum- 
stance which  renders  it  extremely  doubtful  whether  such 
an  assembly  was,  in  fact,  ever  held. 

In  November  and  December  1621,  another  assembly 
was  held  :  <in  event  not  mentioned  by  Stith,  or  any  of 
our  early  historians.  The  acts  of  this  session  are  very 
briefly  noticed  iu  the  minutes  of  the  London  Company  ; 
and  relate  entirely  to  the  introduction  and  culture  of  such 
staple  commodities  as  the  company  in  England,  recom- 
mended ;  particularly  the  article  of  silk,  which  seems  to 
have  engrossed  nearly  the  whole  attention  of  the  legisla- 
ture. Two  acts,  the  one  prescribing  regulations  for 
planting  mulbury  trees,  the  other  directing,  that  iu  clear- 
ing land,  no  mulbury  trees  shall  be  destroyed,  are  first 
mentioned.  The  remaining  acts  of  this  session  contain 
little  more  than  an  ^numeration  of  the  wants  of  the 
colony 


120  LAWS  OF  VIRGINIA, 

From  tli'is  period  to  the  year  1629,  the  acts  of  the  le- 
gislature of  Virginia,  are  scarcely  noticed  in  the  minutes 
of  the  London  company;  the  proclamations  of  the  gover- 
nor supplying,  in  almost  every  instance,  the  place  of  le- 
gislative acts.  But  from  1629,  with  but  little  intermis- 
sion, for  a  series  of  years,  the  acts  of  each  session,  are 
accurately  epitomised. 

In  March  1623-4,  there  was  another  assembly,  the 
acts  of  which  have  been  preserved,  and  are  the  first  pub- 
lished in  this  volume.  They  are  no  further  noticed  in 
the  minutes  of  the  London  company,  than  in  an  abstract 
of  a  letter  from  the  governor  and  council  in  Virginia,  of 
the  17th  of  April,  1624,  advising,  that  "since  their  last 
"  letters  they  had  met  in  a  General  Assembly,  and  had 
"  sent  Mr.  John  Pountis  to  solicit  their  common  cause 
'  with  the  king  and  council.''  See  ancient  records,  Vol. 
3,  p.  176. 

Although  we  may  regret  the  loss  of  the  acts  of  a  {ew 
sessions,  in  the  early  part  of  our  legislative  proceedings, 
as  furnishing  materials  for  history,  and  exhibiting  monu- 
ments of  the  want  of  parliamentary  skill  in  our  ancestors, 
yet,  as  it  respects  the  rights  of  property  the  loss  will  not 
be  felt :  For  if  we  may  judge  from  the  subject  matter  cm- 
braced  by  such  acts  as  have  been  preserved,  the  legisla- 
ture was  exclusively  occupied  in  promoting  an  uniformity 
to  the  doctrines  and  discipline  of  the  church  of  England, 
in    enforcing  attendance   at  church   and  other  religious 
exercises ;  and  in  such  temporary  defensive  operations 
against  the  Indians  as  the  defenceless  state  of  the  colony 
rendered  necessary.     Besides,  in  February   1631-2,  all 
former  laws,  made  by  any  assembly,  were  declared  to  be 
of  no  effect.     See  the  67th  act  of  the  session  of  February, 
J 631-2.     It  was  also  a  mode  of  legislation   peculiar  to 
••hose  times,  to  repeal  all  former  laws,  and  re-enact  them 
in  the  very  words  in  which  they  were  originally  passed. 
Hence  we  often  find  a  repetition  of  the  same  act,  in  the 
laws  of  the  different  sessions. 


LAWS  AND  ORDERS 


Concluded  on  by  the  General  Assembly,  March  the  5th, 

1623-4. 


[From  a  MS.  furnished  the  editor  by  Thomas  Jefferson,  ^^  Thc 

President  of  the  United  States—This  manuscript  is  Jfhkhthwe 

endorsed,  (evidently  in  the  same  hand  writing  with  the  acts  were 

acts  themselves.)  thus  :  printed,  u 

'  now  in  the 

Library  of 

"  The  first  Laws*  made  by  the  Congress, 

"  Assembly  in  Virginia  Anno  ington 

MDCXXIII.'' 

And  immediately  underneath,  in  the  hand  writing  of/ 
^lr.  Jefferson,  is  this  endorsement  : 

"  This  ivas  found  among  the  manuscript 
"  papers  of  Sir  John  Randolph,  and 
"  by  the  Honorable  Peyton  Randolph,  Esqr. 
'■  his  son,  was  given  to  Thomas  Jefferson. ''] 


*  Slilh,  in  his  history  of  Virginia,  pa.  160,  says  that  in  the  latter  end  of 
June,  1619,  Sir  George  Yeardtey,  then  governor,  called  the  first  assembly 
that  was  ever  held  in  Virginia.  Counties  not  being  then  laid  off,  the  repre- 
sentatives of  the  people  were  elected  by  townships  ;  the  boroughs  of  James- 
Town,  Henrico.  Bermuda  Hundred  and  others,  sending  their  members  to 
the  assernoTv;  from  which  circumstance,  the  lower  house  was  first  called 
the  house  of  Burgesses  The  acts  of  this  assembly,  says  St  ilk,  were  re- 
mitted to  England  and  presented  to  the  company,  to  be  read  in  the  court 
the  20th  of  March  following  :  For  the  company  had  then  Ihe  regal  power 
of  confirming  or  disannulling  the  acts  of  assembly  : — but  he  could  no  where 
find,  among  the  records  extant,  any  account  of  the  particulars  that  passed ; 
only  that  Sir  Edwin  Sandys,  upon  perusal  of  them,  assures  the  company 
that  they  were  very  well  and  judiciously  formed  ;  but  were  very  intricate 
and  difficult  to  be  reduced  into  distinct  and  proper  heads. 

Beverley  (page  35)   says   that  the  first  assembly   was  held  at  James- 

Town,  in  May  1620  ;  and  (bat  the  burgesses  sat  in  the  same  house  with 

governor  and  council,  alter  the  manner  of  the  Scotch  parliament  ; 

Q 


122  LAWS  OF  VIRGINIA, 

No.  of  the 
Acts* 

1.  THAT  there  shall  be  in  every  plantation,  where 
the  people  use  to  meete  for  the  worship  of  God, 
a  house  or  roome  sequestred  for  that  purpose,  and 


And,  according  to  Smith,  they  debated  all  matters,  thought  expedient  for 
the  good  of  the  colony — Sec  also  Burk's  Hist.  V'irg.  vol.  1,  pa.  203,  and 
notes. 

This  summer,  1619,  we.-e  laid  off  four  more  corporations,  which  encrea- 
*ed  the  number  of  boroughs  having  a  right  to  representation  to  eleven  in 
all:    Stith,  161. 

The  acts  passed  at  the  general  assembly  in  1619,  were  probably  a  crude, 
indigested  mass,  which  never  received  the  sanction  of  the  treasurer  and 
company  for  Virginia,  in  England  ;  without  whose  approbation,  in  a  great 
and  general  court,  they  could  not  have  the  force  of  laws. 

After  a  careful  examination  of  the  ancient  records  relating  to  Virginia, 
the  following  is  the  only  notice  which  1  have  been  able  to  find  of  these 
actJ. 

.It  "  An  extraordinary  court  held  the  20th  of  March,  1620,"  Ancient 
Records,  vol.  1,  pa.  117,  towards  the  close  of  the  proceedings  there  is 
this  entry :  "  The  acts  of  the  general  assembly  in  Virginia  being  yet 
to  read,  together  with  a  letter  which  Mr.  Yeardley  desireth  should  be 
read  for  the  cleering  of  his  brother  Sir  George  Yeardley,  because  it  was 
held  inconvenient  to  spend  an  ordinary  court  therewith,  it  was  agreed 
that  Monday  next  in  the  afternoon  should  be  appointed  for  that  pur- 
pose. 

"  At  an  imperfect  court  held  for  Virginia  at  Sir  Edwin  Sandys'  house, 
3th  of  April,  1620,"  ancient  records,  vol.  1,  pa.  118,  "  Mr.  Treasurer," 
(Sir  Edwin  Sandys,)  "  signified  that  having  perused  the  acts  of  the  gene- 
ral assembly,  he  found  them  in  iheir  greatest  part  to  be  very  well  and  ju- 
diciously carried  and  performed,  but  because  they  are  to  be  ratified  by  a 
great  and  general  court,  therefore  lie  hath  writ  unto  them  that  till  then  they 
cannot  be  confirmed  ;  but  in  the  mean  time  he  moved  that  a  select  com- 
mittee of  choice  men  might  be  appointed  to  draw  them  into  head,  and  to 
ripen  the  business  that  it  might  be  in  readiness  against  the  said  court." 

A  committee  was  thereupon  appointed,  consisting  of  eight  members, 
four  of  tiie  council,  and  four  of  the  generality,  as  they  were  termed,  to 
meet  at  a  future  day  then  assigned,  with  power  t»  adjourn  from  day  to 
day. 

At  a  subsequent  meeting,  another  member  was  added  to  the  committee, 
and  the  proceedings  of  the  "  imperfect  court,"  were  confirmed.  Ancient 
Records,  vol.  1,  pa   132. 

And  "  At  a  preparative  court,  held  May  15;h,  1620;"  Ancient  Records, 
vol.  1,  pa   135,  there  is  the  following  entry. 

"  For  the  committee  chosen  for  the  acts  of  the  General  Assembly, 
Mr.  Treasurer  signified  that  they  had  taken  extraordinary  pains  therein, 
but  forasmuch  as  they  were  exceeding  intricate  and  full  of  labour,  he  in 
their  behalf  desired  the  court  to  dispense  with  them  till  the  quarter  court 
in  midsummer  term,  which  will  be  about  six  weeks  hence,  which  the  court 
with  many  thanks  unto  the  committee  for  their  great  pains  willingly  as- 
sented unto." 

No  mention  is  made  of  these  acts,  at  the  next  quarter  court,  or  in  any 
subsequent  part  of  the  proceedings. 

*  The  acts  of  this  session  are  numbered,  in  the  margin,  as  they  are 
it i-   printed.       I   have  observed     the   same    form,   not  only    because   i 


MARCH,  1623-4— 21st  JAMES  1st. 


12f, 


a 


not  to  be  for  any  temporal  use   whatsoever,  and  a      Houseof 
place  empaled  in,  sequestered  only   to  the  buryal  of  *0,s "p 
the  dead. 


That  whosover  shall  absent  himselfe  from  divine 
service  any  Sunday  without  an  allowable  excuse 
shall  forfeite  a  pound  of  tobacco,  and  he  that  absent- 
eth  himselfe  a  month  shall  forfeit  ,50lb.  of  tobacco. 


Penalty 
for  being 
absent 
from 

church  on 
Sunday. 


.;.     That  there  be  an  uniformity  in  our  church  as  neere  Tobew 

as  may  be  to  the  canons  in  England;  both  in  sub-  J^e'doc 

stance  and  circumstance,  and   that  all  persons  yeild  trine  and 

readie  obedience  unto  them  under  paine  of  censure,  discipline 

1  of  the 


4. 


That  the  22d  of  March*  be  yeerly  solemnized  as  The  -22d 

holliday,  and  all  other  hollidays  (except  when  they  J^^b^ 

fall  two  together)  betwixt  the  feast  of'  the  annuntia-  served  as 

tion  of  the  blessed  virgin  and  St.  Michael   the  arch-  a  holiday 
angell,  then  only  the  first  to  be  observed  by  reason 
of  our  necessities. 


").     That  no  minister  be  absent  from  his  church  above  Penalty  on 
two  months  in  all  the  yeare  upon  penalty  of  forfeit-   """e'nthi?- 
ing  halfe  his  means,  and    whosoever    shall   absent  them- 

think  the  original  should  be  imitated  as  nearly  as  possible,  but  because, 
in  all  the  subsequent  acts,  for  a  series  of  year--,  the  former  laws  are  re- 
ferred to  by  the  number  of  the  act  and  not  by  the  chapter.  In  the  infau- 
cy  of  our  legislation,  there  was  no  such  thing  as  a  division  of  the  several 
acts  by  chapters. 

It  may  not  be  improper  to  remark,  that,  in  the  course  of  this  .work,  I 
shall  preserve  both  the  arrangement  and  orthography  of  the  originals  as 
far  as  practicable.  I  cannot  well  conceive  any  tiling  more  improper 
than  to  give  an  ancient  paper  in  a  mo<iern  dress.  Besides  the  suspicious, 
which  arc  naturally  excited,  that  the  paper  is  spurious,  we  are  deprived 
of  an  opportunity  of  tracing  those  gradual  changes  in  language,  from 
rudeness  to  refinement,  which  are  observable  in  the  progiess  of  civiliza- 
tion in  all  nations.  If  it  were  possible  I  would  give  a  fac  simile  of  the 
hand  writing.  But  thin  cannot  be  done.  The  most  remarkable  deviations 
from  the  modern  characters,  in  the  acts  of  this  session,  are,  that  the 
•>mall  "  c"  nearly  resembles  the  letter  "o"  with  a  horizontal  cross  near  the 
top; — the  small  " s"  is  exactly  like  the  small  round  Greek  sigma,  with  a 
circumflex  proceeding  from  the  top. 

"  This  whs  in  commemoration  of  the  escape  of  the  colony  from  entire 
extirpation  by  the  fatal  massacre  of  the  Indians  on  the  22d  of  March, 
■     Sae  Bark's  Hbt  vhfc.vol  1,p  24p. 


LAWS  OF  VIRGINIA. 


selves 
from  their 
Church. 


Penalty 
for  dispa- 
raging a 
minister. 


Ministers 

»o  he  satis- 
fied before 
any  tobac- 
vo  dispos- 
ed of. 


above fowre  months  in  the  year  shall  forfeit  his  whole, 
means  and  cure. 


That  whosoever  shall  disparage  a  minister  without 
bringing  sufficient  proofe  to  justify  his  reports  where- 
by the  mindes  of  his  parishioners  may  be  alienated 
from  him,  and  his  ministry  prove  the  less  effectual  by 
their  prejudication,  shall  not  only  pay  500lb.  waight 
of  tobacco  but  also  aske  the  minister  so  wronged 
forgiveness  publickly  in  the  congregation. 


That  no  man  dispose  of  any  of  his  tobacco  before 
?he  minister  be  satisfied,  upon  pain  of  forfeiture  dou- 
ble his  part  of  the  minister's  means,  and  one  man  of 
every  plantation  to  collect  his  means  out  of  the  first 
and  best  tobacco  and  corn. 


.Limitation 
of  the 
power  of 
the  Go- 
vernor as 
to  taxes  k. 
imposi- 
tions. 

Governor 
yot  to 
withdraw 
the  inha- 
bitants 
from  their 
labours 
for  his 
own  ser- 
vice. 


8, 


Certain 
©Id  plan- 
ters and 
their  pos- 
terity ex- 
empted 
from  mili- 
tary ser- 
vice 


9. 


That  the  Governor  shall  not  lay  any  taxes  or  ym- 
positions  upon  the  colony  their  lands  or  comodities 
other  way  than  by  the  authority  of  the  General  As- 
sembly,  to  bo  levyed  and  ymployed  as  the  said  As- 
sembly shall  appoynt. 


The  governor  shall  not  withdraw  the  inhabitants 
from  their  private  labors  to  any  service  of  his  own 
upon  any  colour  whatsoever  and  in  case  the  publick 
service  require  ymployments  of  many  hands  before 
the  holding  a  General  Assemblie  to  give  order  for 
the  same,  if)  that  case  the  levying  of  men  shall  be 
done  by  order  of  the  governor  and  whole  body  of  the 
counsell  and  that  in  such  sorte  as  to  be  least  bur- 
thensome  to  the  people  and  most  free  from  partiali- 


10. That  all  the  old  planters  that  were  here  before  or 
came  in  at  the  last  coming  of  sir  Thomas  Gates 
they  and  their  posterity  shall  be  exempted  from  their 
personal  service  to  the  warrsand  any  publick  charge 
(church  duties  excepted)  that  belong  particularly  to 
their  persons  (not  exempting  their  families)  excep' 
-uch  as  shall  be  ymployd  to  command  in  chief. 


.MARCH,  162o-4— 21st  JAMES  1st.  12-5 

1 1 .     That  no  burgesses  of  the  General  Assembly  shall  be    Burgesses 
arrested  during  the  time  of  the  assembly,  a  week  be-  {?."*j  eagr*d 
fore  and  a  week  after  upon  pain  of  the  creditors  for-  rests, 
feiture  of  his  debt  and  such  punishment  upon  the  of- 
ficer as  the  court  shall  award. 


12.     That  there  shall  be  courts  kept  once  a  month  in  the      Monthly 
corporations  of  Charles  City  and  Elizabeth  Citty  for  C0l,rts 
the  decyding  of  suits  and  controversies  not  exceeding 
the  value  of  one  hundred  pounds  of  tobacco  and  for      jurisdic 
punishing  of  petty   offences,  that  the  commanders  of  tion. 
the  places  and  such  others  as  the  governor  and  coun- 
cil shall  appoint  by  commission  shall  be  the  judges,      Right  of 
with  reservation  of  apeal  after  sentence  to  the  gover-  aPPeal- 
nor  and  counsel!  and  whosoever  shall  appeal  yf  he  be 
there  cast  in  suit  shall  pay  duble  damages,  The  com- 
manders to  be  of  the  quorum  and  sentence  to  be  given 
by  the  major  parties. 


13.     That  every  privatt  planters  devident  shall  be  sur-  Lands  u» 

veyed  and  laid  out  in  several  and  the  bounds  recorded  b^  Sl,rve>'" 

by  the  survey ;  yf  there  be  any  pettie  differences  be-  bounds  re- 

twixt  neighbours  about  their  devidents  to  be  divided  corded. 

by  the  surveyor  if  of  much  importance  to  be  referred  governor0 

to  the  governor  and  counsell :   the  surveyor  to  have  and  conn- 

10  lbs.  of  tobacco  upon  every  hundred  acres.  al 


14.  For  the  encouragement  of  men  to  plant  store  of  Price  oi 
corne,  the  prise  shall  not  be  stinted,  but  it  shall  be  to  bc"imu 
free  for  everv  man  to  sell  it  as  deere  as  he  can.  ed 


15.     That  there  shall  be  in  every  parish  a  publick  gar-  Public 
nary  unto  which  there  shall  be  contributed  for  every  gnuiery 
planter  exceeding  the  adge  of  18  years   alive  at  the  livery0' 
crop   after   he   hath   been   heere  a  year  a  bushel!  of  parish, 
corne,  the  which  shall  be  disposed  for  the  publique 
uses  of  every  parish  by  the  major  part  of  the  freemen, 
the  remainder  yearly  to  be  taken  out  by  the  owners 
at  St.  Tho's  his  day  and  the  new  bushel!  to  be  putt  in 
'lie  roomf. 


126 


LAWS  OF  VIRGINIA, 


Persons  to 
be  ap- 
pointed to 
see  that  a 
sufficiency 
of  corn  be 
planted. 


Trade  for 
corn  with 
the  sava- 
ges pro- 
hibited. 

Regula- 
tions  as  to 
planting 
vines  and 
mulberry 
trees. 


Proclama- 
tion 
against 
swearing 
and  drun- 
kenness 
confirmed, 
&c. 


16.  That  three  sufficient  men  of  every  parish  shall  be 
sworne  to  see  that  every  man  shall  plant  and  tende  suf- 
ficient of  corne  for  his  famity.  Those  men  that  have 
neglected  so  to  do  are  to  be  by  the  said  three  men  pre- 
sented to  be  censured  by  the  governor  and  counsell. 


17.     That  all  trade  for  corne  with   the  salvages  as  well 
publick  as  private  after  June  next  shall  be  prohibited. 


18. 


That  every  freeman  shall  fence  in  a  quarter  of  an 
acre  of  ground  before  Whitsuntide  next  to  make  a 
garden  for  planting  of  vines,  herbs,  roots,  &c.  sub- 
poena ten  pounds  of  tobacco  a  man,  but  that  no 
man  for  his  own  family  shall  be  tyed  to  fence  above 
an  acre  of  land  and  that  whosoever  hath  fenced  a 
garden  and  of  the  land  shall  be  paid 

for  it  by  the  owner  of  the  soyle ;  they  shall  also  plant 
Mulberry  trees. 


19 


The  proclamations  for  swearing  and  drunkenness 
sett  out  by  the  governor  and  counsell  are  confirmed 
by  this  Assembly ;  and  it  is  further  ordered  that  the 
churchwardens  shall  be  sworne  to  present  them  to 
the  commanders  of  every  plantation  and  that  the  for- 
feitures shall  be  collected  by  them  to  be  for  publique 
uses. 


Ships  not 
to  break 
bulk  till 
they  ar- 
rive at 
James 
City. 


20.     That  a  proclamation  be  read  aboard  every  ship  and 
afterwards  fixed  to  the  maste  of  such 
in,  prohibiting  them  to  break  boulke  or  make  privatt 
sales  of  any  commodity  until 

James  City,  without  special  order  from  the  governor 
and  counsell. 


Rates  of  21.     That  the  proclamation  of  the  rates  of  commodities 
be  still  in  force  and  that  there  be  some  men  in  every 


vies- 


plantation  to  censure  the  tobacco. 


Weights    22. 
and  mea- 
urei         ', 


That  there  be  no  weights  nor  measures  used  but  such 
as  shall  be  sealed  by  officers  appointed  for  that  purpose. 


MARCH,  1623-4— 21st  JAMES  1st.  121 

23.     That  every  dwelling  house  shall  be  pallixaded  in  tor  J***11™! 
defence  against  the  Indians.*  be  paiisa- 

doed: 


24.     That  no  man  go  or  send  abroad  without  a  sufficient  Precaution 

as   to  ar'" 
i»g  men 


mi j  as   to  arm- 

partie  will  armed. 


25.     That  men  go  not  to  worke  in  the  ground  without  The  samL 
their  arms  (and  a  centinell  upon  them.)  Inhabit- 


ants not  to 

absent 

themselves 


26.     That  the  inhabitants  go  not  aboard  ships  or  upon  to0  much 
any  other  occasions  in  such  numbers,  as  thereby  to  from  their 
weaken  and  endanger  the  plantations.  P'anta" 


27.     That  the  commander  of  every  plantation  take  care  ^^"o 
that  there  be  sufficient  of  powder  and  amunition  with-  p0wder 
in  the  plantation  under  his  command  and  their  pie-  a™*  arms 
ces  fixt  and  their  arms  compleate. 


28     That  there  be  dew  watch  kept  by  night. 


Watch. 


29.     That  no  commander  of  any  plantation  do  either  J£twJbc 
himselfe  or  suffer  others  to  spend  powder  unneccessa-  unnecessa 
vily  in  drinking  or  entertainments,  Stc.  riIy  srent 


m.     That  such  persons  of  quality  as  shall  be  founde  de-  qJai°tJ,de- 

linquent  in  their  duties  being  not  fitt  to  undegoe  cor-  linquents, 

poral  punishment  may  notwithstanding  be  ympri-  ^0™°' 

boned  at   the  discretione  of  the   commander  St  for  punish- 

irreater  offences  to  be  subject  to  a  ffine  inflicted  by  meat  to  be 

the  monthlic  court,  so  that  it  exceed  not  the  value  |,mpr'son' 
aforesaid. 


31.     That  every  man  that  hath  not  contributed  to  the 
finding  a  man  at  the  castell  shall  pay  for  himself  and 


Castle  du 
ties. 


i  his   and  lh<   lubsequeat   acts   frew  out  of  the  situation  o*'  *lt< 
im  thi  bite  massa*  t\ 


I2ti 


LAWS  OF  VIRGINIA. 


servants  five  pounds  of  tobacco  a  head,  towards  the 
discharge  of  such  as  had  their  servants  there. 


When  to 
tali  on  the 
savages, 
and  provi- 
sion for 
the  woun- 
ded, 


32.  That  at  the  beginning  of  July  next  the  inhabitants 
of  every  corporation  shall  fall  upon  their  adjoyning 
salvages  as  we  did  the  last  yeare,  those  that  shall  be 
hurte  upon  service  to  be  cured  at  the  publique  charge; 
in  case  any  be  lamed  to  be  maintained  by  the  coun- 
try according  to  his  person  and  quality. 


Taxes. 


33.  That  for  defraying  of  such  publique  debts  our  trou- 
bles have  brought  upon  us.  There  shall  be  levied 
10  pounds  of  tobacco  upon  every  male  head  above 
sixteen  years  of  adge  now  living  (not  including  such 
as  arrived  since  the  beginning  of  July  last.) 


Obedience 
eo  superi- 
ors. 


34.  That  no  person  within  this  colony  upon  the  rumur 
of  supposed  change  and  alteration,  presume  to  be 
disobedient  to  the  present  government,  nor  servants 
to  their  private  officers,  masters  or  overseers  at  their 
uttermost  perills. 


Uommis-  35.     That  Mr.  John  Pountis,  counsellor  of  state,  goin 
woner  sent  t0  England,  (being  willing  by  our  intreatie  to  ac= 

cland  cept  of  that  imployment.)  to   solicite  the  general 

cause  of  the  country  to  his  majesty  and  the  counsel), 
towards  the  charges  of  which  voyage,  the  country 
consente  to  pay  for  every  male  head  above  six- 
teen years  of  adge  then  living,  which  have  been 
here  a  yeare  ffour  pounds  of  the  best  merchantable 
tobacco,  in  leafe,  at  or  before  the  last  of  October 
next. 

Subscript. 

Sir  Francis  Wyatt,  Knt.  Governor,  &c. 

Capt  Fran's  West,  John  Pott, 

Sir  George  Yeardley,  Capt.  Roger  Smith, 

George  Sandys  Trear,  Capt.  Raphe  Hamer. 

John  Pountis. 


LAWS  OF  VIRGINIA.  129 

William  Tucker,  Nathaniel  Bass, 

Jabez  Whitakers,  John  VVillcox, 

William  Pecine,  Nicho:  Marten, 

Rauleigh  Croshaw,  Clement.  Dilke, 

Richard  Kingsmell,  ,  Isaeck  Chaplin, 

Edward  Blany,  John  Ccw, 

Luke   Boyse,  John  Ulie, 

John  Pollington.  John  Southernc, 

Nath'l.  Causey,  Richard  Bigge, 

Robert  Addams,  Henry  Watkins, 

Thomas  Harris,  Gabriel  Holland, 

Richard  Stephens,  Thomas  Morlatt, 

Copia  Test, 

R.  HICKMAN,  CI.  Sec.  off. 


fcj*  FROM  the  year  1623  to  1629  there  is  no  no. 
tice  taken,  in  the  proceedings  of  the  London  Com- 
pany, of  any  assembly  having  been  held  in  Virginia, 
except  what  can  be  gathered  from  the  answer  of  the 
General  Assembly  to  the  letter  of  King  Charles  the  1st, 
of  the  16th  of  June,  1628,  recommending  the  introduc- 
tion of  various  staple  commodities.  This  answer 
bears  date  the  26th  of  March,  1628-9,  is  faithfully 
abridged  in  the  Ancient  Records  (vol.  3,  pa.  211)  and 
an  entire  copy  is  preserved  in  the  MS.  containing  the 
acts  of  six  sessions  from  October,  1629,  to  August, 
1633,  with  which  the  editor  has  been  favoured  by  Mr. 
Jefferson. — (See  note  prefixed  to  Acts  of  1629.J 

During  the  above  period,  the  governor  and  council, 
by  proclamation,  seem  not  only  to  have  exercised  legis- 
lative powers,  but  to  have  enforced  in  this  manner  laws 
of  the  General  Assembly  previously  enacted.  In  some 
instances,  reference  is  made  in  the  proclamations  to 
pre-existing  laws  (which  were  probably  directed  by 
the  legislature  to  be  promulgated  in  that  way;)  in  others 
they  appear  to  proceed  entirely  from  the  governor  and 
council.  Thus,  in  1626,  we  find  a  proclamation,  by  the 
governor  and  council,  prohibiting  the  trading  with  In- 
dians for  corn,  there  being  a  great  scarcity  of  that  arti-  ■* 
cle.  In  the  same  year  there  is  a  proclamation  "con- 
cerninge  divers  orders  about  merchandisinge,"  which 

R 


A  3D  LAWS  OF  VIRGINIA 


contains  regulat  ions  (o  be  observed  on  the  arrival  of  the 
ships  from  England,  prohibitions  against  ingrossing, 
&c.  and  buying  goods  to  sell  again  by  retail  ;  also, 
against  any  person's  going  on  board  a  vessel,  except  a 
member  of  the  council,  without  a  warrant  from  the  go- 
vernor.— There  is  also  a  proclamation  of  the  same  year, 
reciting  a  former  act  of  assembly,  and  requiring,  under 
severe  penalties,  that  those  who  had  neglected  to  pa- 
lisado  their  houses,  should  do  it  by  a  given  time. 

1627.  April  12th,  a  proclamation  "To  be  careful 

"  of  the  Indians."  August  1st,  "  Concerning  the  in- 
"  tent  of  paling  in  the  forest.''  December  4th.  "  For 
"  paying  of  debts." 

1628.  April  4th,  a  proclamation,  ''concerning  the 
:'  Indians."  April  30th,  "  forbidding  to  marry  with- 
"out  lycence"  or  asking  in  church: — Same  day — "  Con- 
cerning the  plantinge  of  tobacco  and  corn."  This 
proclamation,  which  is  said  to  have  been  made  "  by 
"  the  governor  together  zoiih  the  advice  of  the  covncell 
"  of  state,  and  general  assembly,  upon  full  debate  and 
"  consideration  of  the  premises,"  directs  that  such  a 
reasonable  proportion  of  tobacco  shall  be  planted, 
only,  as  may  be  cultivated  without  injury  to  a  plentiful 
crop  of  corn ; — that  the  plants  should  be  set  at  least 
four  feet  and  a  half  apart,  and  that  not  more  than  twelve 
leaves  should  be  gathered  from  a  plant ; — and  finally, 
that  great  care  should  be  taken  not  to  burn  it  in  the 
sweating.  August  12th,  another  proclamation  "Con- 
cerning the  Indians,"  which  had  for  its  object  the  con- 
clusion of  a  treaty  of  peace  with  them. 

1623-9.  March  20th.  On  this  day  eighteen  com- 
missions, all  of  the  same  tenor,  issued  (or  perhaps  were 
only  reneiued,  as  appears  from  an  indorsement  on  the 
manuscript)  constituting  the  person  to  whom  each  was 
addressed,  either  Commandkr  or  Principal Command- 
er  of  Plantations.  On  the  same  day  two  commis- 
sions issued  appointing  Commissioners  for  holding 
Monthly  Courts,  in  different  parts  of  the  colony. 

As  the  power  and  jurisdiction  of  these  officers  both 
in  their  military  and  civil  capacities,  are  fully  express- 
ed in  their  commissions,  a  form  of  each  is  inserted. 


FROM  1G23  TO  1629.  13* 

COMMISSION 

TO    A 

COMMANDER  OF  PLANTATIONS. 


'  Bv  the  Governor  and  Captmne  Generall  of 

Virginia. 

"  TO  all  to  whome  these  presents  shall  come,  1  John   Rp,,t ' 
11  Pott,  Esq.  Governor  and  Captaine  General  of  Vir- 
11  ginia,  send  greeting,  in  our  Lord  God  everlasting ; 
"  whereas  the  affaires  of  this  colony  doe  necessarily 
t(  require  that  men  of  sufficiency   and  experience  bee 
'•'  appoyntedto  command  and  governe  the  several  plau- 
"  tations  and  inhabitants  within  the  same,  both  for  the 
"  better  order  of  government   in  the   conservation  of 
"  the  peace  and  in   ihc  execution  of  such  orders  and 
"  directions  as   from  tyme  to  tyme  shall  be   directed 
"  unto  them,  as  alsoe  for  the  preventing  and  avoyding 
"of  such  mischiefes  as  may  happen  unto  us  by  the  in- 
"trusions  and  practizes  of  the  Indians  ourirreconcile- 
"  able  enemies;  Now  know  ye,  that  I  the  said  John   Appointment. 
"  Pott  out  of  the  good  opinion  I  conceive  of  the  dis- 
"  cretion,  care  and  circumspection  of  lieutenant  Edward 
'•  Waters  doe  by  these  presents,  with  the  consent  of  the 
"  councell  of  state,  constitute  and  appoynt  him  the  said 
"  Edward  Waters  to  bee  the  present  Commander  of 
"  and  for  the  plantations  within  the  precincts  of  Eliza-   Precinct. 
"  beth  Citty  lying  and   being  on  Southampton   river 
"  and    extending    towards    Fox-Hill   and    the  places 
"  thereabouts.     Gyving   and  by  these  presents  grant-   Power. 
"  ing  unto  him  full  power  and  authority  to  doe,  exe- 
"  cute  and  performe  all  such  matters  and  things  as  are 
"incident  and  appertayning  to  the  place  and  office  of 
"  Commander  there.     Reserving  allwaies  untoCapt.   Exception. 
"  Thomas    Perfury  all  such    privileges  and  authori- 
u  ties  as  are  appertayning  to  the  place  of  principale 
"  commander  there. (a)     Willing  and  requiiing  him   Dun- 
"  the  said  Edward   Waters  to  see  that  all  such  orders 

(a)  The  commissions  to  the  principal  commanders,  are  the  same, 
mulalu  mutandis ;  only  Btyling  them  principal  commanders,  and  omit 
»inp  whatever  n.-hiw*  to  the  reservation  of  power  in  this  conminion 


132 


LAWS  OF  VIRGINIA. 


"  as  heretofore  have  beene  or  hereafter  shall  be  givcu 
"  by  the  Governor  and  Councell  bee  duly  executed  and 

Assistants.  "  observed.  Hereby  alsoe  chardging  all  persons  re- 
"  siding  and  beemg,  or  which  hereafter  shall  reside  or 
"  bee  within  the  same  to  yeild  due  respecte  and  obedi- 
"  ence  unto  him  the  same  Edward  Waters,  and  to  bee 
"  ayding  and  assisting  unto  him  in  all  things  w  hich  unto 

Conclusion.  "  him  or  them  respectively  do  belong  or  appertayne. 
"  In  Witness  whereof  I  have  hereunto  sett  my  hand 
"  and  the  scale  of  the  colony  the  twentieth  day  of 
"  March  162S-9,  and  in  the  fourth  yeare  of  the  reigne 
"  of  our  sovereign  Lord  Charles,  by  the  Grace  of  God 
"  of  England,  Scotland,  France  and  Ireland,  king  de- 
"  fender  of  the  faith,  &.c.  and  in  the  two  and  twentieth 
"  (D)  >cur  °f  t-n,s  plantation." 

(b)  In  all  the  public  papers  of  this  period  th^  first  settlement  of 
the  colony  is  computet!  from  the  year  1607  ;  from  the  arrival  of  the 
expedition  in  the  Chesapeake,  on  the  26th  of  April  in  that  year,  under 
the  command  of  JSewport,  6tc. 


COMMISSION 

APPOINTING    COMMISSIONERS  TO  HOLP 

MONTHLY  COURTS. 


Becitai 


Of  order  of 
court. 


•By  the  Governor  and  Captaine   Generall  of 

Virginia. 

"TO  all  to  whome  these  presents  shall  come,  I  John 
"Pott,  Esq.  Governor  and  Captain  Generall  of  Vir- 
t:  ginia,  send  greeting,  in  our  lord  God  everlasting. 
"  Whereas  for  the  greater  ease  of  the  inhabitants 
"  of  dyverse  parts  of  this  colony,  and  for  the  better 
"  conservation  of  the  peace,  and  due  execution  of 
"such  laws  and  orders  as  are  or  shall  bee  established 
"  for  the  government  of  the  people  and  inhabitants 
"  in  the  same, the:  Governor  and  Councell  have  thought 
"  fitt,  and  accordingly  appoynted  by  an  order  of 
"  cort  made  the  7th  daie  of  Marche  last  past,  that 
"  there  shall  be  monthly  corts  held  and  kepte  in 
"  some  of  the  more  remote  plantations  thereof;  Now 


FROM  1623  TO  1629.  1{JQ 

"  knowe  ye  that  according  to  the  said  order,  these 
;'  persons  whose  names  are  here  inserted,  are  for  the 
"  tyme  being  assigned  and  appoynted  to  be  the  pre- 
"  sent  commissioners  of  and  for  the  holding  and  keep-  Commissions 
"  ing  of  monthly  corts  within  the  corporation  of  Eliza-  '^'',t  y 
"  beth  Citty  and  the  partes  near  adioyning,  viz.  Capt. 
"  Thomas   Purfury,  Capt.   Edward    Waters,    Lieut. 
"  Thomas   Willoughby,    Lieut.    George  Tliomp^o'-. 
"  Mr.  Adam  Thoroughgood,   Mr.  Lyonell  Co* 
"  Mr.  William  Kempe  and  Mr.  John  Downman  ;  •         i  Q-'orum. 
"  sayd  comissioners,  or  any  three   of  them   v.  hi 
"  Capt.  Thomas  Purfury  or  Lieut.  Edward  Wbieis  to 
"  be  alwaies  one,  shall  have  power  and   authority  to 
::  heere   and  determine   all  such  suits  and  controvert 
■•  sies  between  party  and  party  as  exceede  not  the  va-  Jurisdiction 
"  lueof  one  hundred  pounds  of  tobacco,  especially  that 
"  they  take  into   theire  care  the  conservation  of  the 
"  peace,  the  quiet  government  and  safety  of  the  peo- 
"  pie  there  residing  or  being,  and  that  all  orders  and 
;t  proclamations  bee  kepte  and  observed  and  according 
"  to  the  same   to  inflicte  a  punishment   upon  all  de- 
;'  linquents  either  by  fine  or  otherwise  (such  offences 
"  only  excepted  as  concerne  the  taking  away  of  life  or 
"  member.)     Provided  alwaies,  that  it  shall  be  law-  Right  °f»p- 
"  ful  for  the  plaintiff  or  defendant  in  any  suit  before  pfi 
"  the  said  commissioners  depending,  to  appeall  to  the 
"  cort  at  James  Citty  there  holden   by  the  Governor 
"  and  Councill.     And  they  are  hereby  required   from 
"  tyme  to  tyme  to  keepe  recordes  of  all  judgments,   Rrrorris  <o  be 
"  orders  and  other  matters  of  moment  as  by  them  shall   be  keP{- 
u  bee  concluded   and    agle^d  on.     Given  at  James  Conclusion. 
;'  Citty,  the  20th  day  of  March,  anno.  Dom.  1628-9 
"  and  in  the  fourth  yeare  of  the  reigne  of  our  sovsraigne 
"  lordCharles  by  the  grace  of  God  of  England,  Scotland, 
"  France  and  Ireland,  King,  Defender  of  the  Faith,  he. 
'  and  in  the  two  and  twentieth  year  of  this  plantation.'' 


A  like  commission  was  issued,  on  the  same  day,  to 
sundry  other  commissioners  for  holding  monthly  courts 
in  the  "upper  partes." 


The  remaining  public  papers  of  thisperiod,  consist 
of  proclamations,  authorising  individuals  to  trade  in 


134  LAWS  OF  VIRGINIA. 

certain  parts  of  the  colony,  of  letters  to  the  privy  coun- 
cil, and  instructions  to  commissioners  sent  to  England 
on  the  affairs  of  the  colony. 


The  answer  of  the  General  Assembly  to  the  king's 
letter  above  noticed,  is  headed  thus : 

"March,  26th,   162S." 

"  THE  GENERALL  ASSEMBLY." 

"  THE  humble  answere  of  the  Governor  and 
"  Councell,  togeather  with  the  Burgesses  of  the  seve- 
M  rail  plantations  assembled  in  Virginia,  unto  his  ma- 
jesties letter  concerning  our  tobacco  and  other  com- 
"  modities." 

The  introductory  part  of  this  letter,  details  in  a  firm, 
bat  respectful  manner,  the  injuries  to  which  the  plan- 
ters in  Virginia  had  been  subjected  by  the  mere  report 
that  their  tobacco  was  to  be  monopolised  in  England; 
that  it  had  so  discouraged  the  adventurers,  that  they 
were  afraid  to  turn  their  attention  to  any  other  sub- 
jects, having  no  assurance  of  enjoying  the  fruits  of 
their  labour;  and  seeing  that  all  contracts  had  hereto- 
fore been  concluded  in  England  without  their  consent. 
That  as  to  the  other  staple  commodities  recommended 
by  the  king,  it  was  too  great  a  work  for  their  poor 
abilities.  They  then  propose  to  contract  with  the  king, 
for  all  their  tobacco,  at  three  shillings  and  six  pence 
per  pound,  delivered  here,  and  clear  of  freight  or  cus- 
toms; or  four  shillings,  if  delivered  in  London,  taking 
on  themselves  the  dangers  of  the  seas,  and  payment  of 
freights,  but  not  to  pay  any  customs.  And  to  insure 
the  tobacco  to  be  of  good  quality,  the}'  inform  the  king 
that  it  is  all  to  be  examined  by  men  sworn  for  that 
purpose,  before  it  is  shipped.  They  request  the  king 
to  take  at  least  500,000  weight,  at  the  above  price;  and 
if  he  should  not  be  disposed  to  take  the  overplus,  if  any, 
that  they  may  be  permitted  to  ship  it  to  the  Low  Coun- 
tries, Ireland,  Turkey  or  elsewhere.  They  offer  the 
contract  for  seven  years,  and  request  that  if  the  con- 
sumption of  England  should  exceed  the  supply  from 
the  Somer  Islands,  with  the  quantity  above  stipulated 


FROM  1623  TO  1629.  135 

that  that  quantity  may  be  proportionately  increased. 
In  the  event  of  the  king's  acceding  to  their  terms,  they 
request  that  the  importation  of  Spanish  tobacco  may 
be  prohibited  ;  and  again  repeat  that  they  have  taken 
special  care  to  insure  their  tobacco  to  be  of  the  best 
quality,  and  have  appointed  sworn  triers  to  examine  it 
after  being  cured  and  before  it  shall  be  shipped  ;  that 
they  had  also  ordered  a  proclamation  to  be  made,  re- 
quiring the  planters  to  set  their  plants  four  feet  and  a 
half  apart,  and  to  gather  12  leaves  only  from  a  plant, 
instead  of  25  or  30  as  heretofore.  That  they  had  re- 
duced the  quantity  to  be  planted  as  low  as  they  well 
could,  considering  the  population  of  the  colony,  and 
having  a  due  regard  to  the  culture  of  a  sufficiency  of 
corn. 

As  to  pitch  and  tar,  the  country  abounded  in  pine 
trees,  from  which  it  could  be  produced  ;  but,  owing  to 
the  want  of  horses  and  carriages,  and  the  danger  of 
sending  the  people  into  the  woods,  on  account  of  the 
Indians,  it  was  deemed  inexpedient  at  that  time,  to  at- 
tempt to  make  those  articles  for  exportation. 

Pot-ashes  had  formerly  been  made,  but  the  planters 
were  not  acquainted  with  the  process. 

Pipe-staves,  barrel-boards,  and  clapp-boards,  could 
be  had  in  great  abundance,  but  the  freight  was  too  dear 
to  render  it  an  object  to  export  them. 

The  iron  ore  at  Falling  Creek  was  esteemed  of  good 
quality,  and  considerable  progress  had  been  made  in 
erecting  a  furnace,  when  the  settlement  and  most  of  the 
workmen  were  cut  off  by  the  Indians,  at  the  massacre, 
and  the  tools  thrown  into  the  river  ;  and  that  the  work 
could  not  be  resumed  without  a  fresh  supply  of  work- 
men, money,  tools,  &c. 

As  to  mines  of  gold,  silver,  copper.  &c.  they  have 
great  hopes  that  the  mountains  are  very  rich,  from  the 
discovery  of  a  silver  mine  made  nineteen  years  ago,  at 
a  place  about  four  days' journey  from  the  falls  cf  James 
river  ;  but  they  have  not  the  means  of  transporting  the 
ore. 

With  respect  to  the  planting  of  vines,  they  have  great 
hope,  that  it  will  prove  a  beneficial  commodity  ;  but 


136  LAWS  OF  VIRGINIA, 

the  vignerors  sent  here  either  did  not  understand  th„ 
business,  or  concealed  their  skill ;  for  they  spent  their 
time  to  little  purpose. 

They  expect  great  benefit  from  fishing  in  the  bay, 
and  upon  the  coast  of  Canada,  where  some  trial  had 
been  made. 


This  letter  (an  abstract  of  which  is  given  above) 
was  signed  by  Francis  West,  the  governor,  five  mem- 
bers of  the  council,  and  thirty-one  members  of  thr 
house  of  burgesses. 


THE 


Amwmiirg 


HOLDEN  THF.  16tH  DAY  OF  OCTOBER,  1629. 


[From  a  MS.*  belonging   to  Thomas  Jefferson,  Pre-   \ry  The  MS. 
sident  of  the  United  States,  which  ivas  purchased  by  from  which  the 

7  ■  •,7      i      ti  f  t-»  r*        i    i    i       r  i  •      actsof  this  ses- 

him  with  the  library  oj  reyton  liandolph,  Jrom  hi* 
evecutors.] 


WERE    PRESENT    AS    FOLLOWETH. 

JOHN  POTT,  Esq.  Governor,  &c. 
Captain  Roger  Smyth. 
Captain  Samuel  Mathewes. 
iMr.  Secretary  Claybourne 
Mr.  William  ffarrar. 


sicn  were 
printed,  is  now 
in  the  Library 
of  Congress  at 
Washington 


*  This  manuscript  is  apparently  of  v.-ry  ancient  dale,  probably  & 
transcript  of  the  acts  immediately  after  they  were  passed.  Though 
posterior  in  point  of  time,  it  is  evidently  more  ancient  than  the  iii,i- 
iiuscript  of  the  acis  of  1623.  This  conclusion  is  drawn  from  a  variety 
of  circumstance.  First  the  orthography  (which  is  preserved  in  the 
acts  of  each  session)  is  much  more  antique  its  this,  than  in  she  acts 
of  1623;  secondly  the  characters  with  which  the  acts  are  written 
agree  more  nearly  with  those  of  a  period  anterior  to  that  which 
marks  the  hand  writing  of  the  acts  of  J623;  and  thirdly,  in  the 
actsof  1623,  there  are  some  blanks  in  the  copy  which  nhej»  i!  to  have 
been  a  transcript  from  an  original,  at  that  time  not  perfectly 
legible. 

The  peculiarities  in  the  characters  used  in  the  acts  of  this  session, 
thai  the  letter  "  F"  in  the  beginning  of  a  paragraph,  in  a 
proper  name,  or  after  a  period,  is  written  with  a  double  '■  f"  thus 
"JT"; — the  small  "  e"  is  invariably  written  like  the  small  Greek 
Epsilon  ;  the  particle  "  the"  always  written  "ye"  with  the  "  e" 
ovi-rihe  "  y"  ; — the  letter  "  u"  is  always  used  instead  of  "  v"  and 
e  conrcrsu ;  the  letter  "j"  is  never  introduced,  but  instead  of  it 
the  letter  "  i"  in  every  part  of  a  word  ;  the  termination  "  tioii'  in 
this,  and  all  the  statutes  of  this  period,  is  written  '•  con"  with  a  cir- 
vumflex  over  the  '«  c"  ; — the  capital  "  T"  is  made  by  a  straight  per- 
pendicular mark,  with  a  horizontal  cross  near  the  top, 

S 


13S  LAWS  OF  VIRGINIA, 

The  names  of  the  Burgesses  were  as  followeth,  vi'£  : 

Imps,  flor  the  plantation  at  ^  Leftn't.  Thomas  Osborne 
the  colledge  (  &  Mathew  Edlowe, 

flor  the  necke  of  land — Serit.  Sharpe. 

flor  Shirley  Hundred  C  Chene  Boise  and 
Island  I  John  Browne. 

flor  Shirley  Hundred  C  Mr.  Thomas  Palmer. 
Maine.  (  John  Harris. 

flor  Mr.  Henry  } 

Throgmorton's  >  William  Allen. 

plantation  ) 

flor  Jurden's  Journey — William  Popkton. 

flor  Chaplaines  Choice — Walter  Price. 

flor  Westover — Christopher  Woodward. 

flor  Flowerdieu*  Hundred — Anthony  Pagett. 

flor  James  Citty  1?''F.  „ 

J  (  Mr.  Kjugsmell. 

ffor  Paces  Paioes's     i  ^WilUara  **"*' 

(  John  bm\th. 

flor  the  other  side  of   (  Capt  John  West, 
the  water  \  Capt-  flellgate. 

flor  Pasbehay — Thomas  Bagwell. 

ffor  the  necke  of  land — Richard  Brewster. 

«•  L  *     '■     >  ti  (  Theodore  Moysee, 

ilor  Archer  s  Hope      j  rp,     .  j*  < 

The  plantations  be-  C 

between    Archer's!  Mr.  JohnUtie, 
Hope     and     Mar-"S  Richard  Townsend. 
tin's  Hundred  1 

A.     tt         ill  (  John  Chew, 

ilor  Hogg  Island  \  0.  ,       ,  m 

(  Richard  Iree. 

*  In  Slilh  and  other  historians  called  Flower  <*<•  Hundred. 


OCTOBER,  1629— 5th  CHARLES  1st. 


£  Tho.  Kingston. 
I  Tho.  Sawcett.  ' 


Hbr  Martin's    Hun- 
dred 

-     -.  ,,         ,ii^  Tho.  Harwood, 
(For  Mulbury  Hand    j  Plicuip|ace  Clause. 

("Christ.  Stokes, 

«■     tit-       •  i  I  Tho.  Ceely, 

fforWarwiekenveH  Tho>  inint^ 

(^Zachary  Cripps. 

("Capt.  Nath'l  Basse, 
„    „.  ,      !  Richard  Bennett, 

ftorWarosquoyacke^  Robert  Savin, 

^Tho.  Jurdain. 

fforNuttmeggQuar-  £  William  Cole, 

I  William  Bentley. 


ter 


fforEliz:  Citty        < 


Left.  Thomson, 

Mr.  English, 

Mr.  Adam  Thorowgood, 
i  Mr.  Rowlston, 
|  John  Browning, 
^John  Dowman. 


ffor  the  Easterne  shoare,  noe  burgesses  did  appear. 


T'ie  oathes  of  supremacy  and  alleidgeance  were  ad- 
ministered to  the  governor  and  councell  and  after- 


wards to  all  the  burgesses. 


139 


ACT  I.* 

AFTER  debate  of  many  matters,  it  zoas  thought  a  bu- 
' ss  "f  great  benefitt  and  good  consequence  to  send 
and  maintain'-  a  company  of  men  to  plant  corne  at  Kis- 
kyacke,  the  charges  of  building  to  be  borne  equally  by   corn  > 


A  company 
of  man  to  be 
sent  to  Kisky- 
ackc  to  plant 


"  The  acts  of  this  session  am  not  numbered  ;  nor  are  (hey  separat- 
ed (ruin  each  other  by  any  mark  whatever.  They  appear  rather  like 
a  journal :  i  ontaioing  an  account  <>f  the  joint  deliberations  of  the  go- 
rernor,  council  and   b  For  the  conveniency  of  reference,  F 

have  divided  them  into  Alt,  for  reasons  explained  in  a  note  lo  the 
..  •-  ..>'  1623 


J4©  LAWS  OF  VIRGINIA, 

wboarpto  al|  that  should  bee  the  adventurers,  and  to  bee  there 
kod to 'them0  se:Urc'  '•>  the  1 5th  ot  November  next.  Whereuppon 
ana  their  voluntarily   the  Governor  offered  to  find  3  men. 

1,cirs-                                  Capt.  Mathewes  4 

Mr.  ffarrar  1 

Mr.  Thorowgood  4 

Mr.  English   -  2 

Mr.  il  lint  4 

Mr.  Rowlston  2 

Capt.  Basse  1 

Mr.  Mar  wood  1 

Mr.  Bennett  1 

Goodman  Tree  1 

Tho.  Si  rly  1 

Capt.  Petrce  2 

IT  was  ordered  they  should  have  shares  of  land  to 
them  and  their  heirs. 


ACT  II. 

« 

Commanders  r'li  ■  }        7  i  ,-    i  n 

of  plantations  ll  IS .  oriicrei'-  that  every  commander  ot  the  several! 
to  levy  a  force  plantations  appointed  by  commission  from  the  govern- 
to be  employed  0r  shall  have  power  and  authoritie  to  levy  a  partie  of 

against  the  In-  ri-ii-  ci  i  J        ' 

diaus.  men  out  o}   tne  inhabitants  of  that  place  soe  many  as 

may  well  be  spared  without  too  much  weakening  of 
the  plantations  and  to  imploy  those  men  against  the 
Indians,  when  they  shall  assault  us  neere  unto  our  ha- 
bitations, or  when  they  in  their  discretion  shall  deemc 
it  convenient  to  cleare  the  woods  and  the  parts  ncere 
adioyning  uhen  the  Indians  shall  bee  a  hunting  or 
when  they  have  any  certaine  knowledge  of  the  Indian's 

mnndercan-  aboad  in  those  Places-     And  if  there  shall  be  cause 

not  attend,  he  that  the  commander  in  person  can   not  attend  these 

must  appoint  services,  then  in  such  cases,  and  in  his  absence  hco  i< 

hjs  deputy.  to  appoint  his  deputie. 


ACT  Hi. 


Three  several        IT  was  the  opinion  of  the  whole  bodie  of  the  Assembly 
^pedi-  that  we  should  go  three  severall  marches  upon  fhr 


OCTOBER,  1629— 5th  CHARLES  1st.  141 

Indians,  at  three  severall  times  of  the  yeare,  viz.  first  'ions  to  be 
in  November,   secondly  in   March,  thirdly   in   July,  against  the  In 
To  effect  this  the  collony  and  inhabitants  are  to  bee  di-  dians. 
vided  into  knver  divisions.   The  plantations  of  the  up- 
per parts  as  farr  dovvnewards  as  Weanoacke  Marsh, 
and  fflowerdieu  hundred  creek  on  both  sides  the  river 
to  cleare  those  parts  and  territoryes.  and  to  doe  all 
manner  of  spoile  and  offence  to  the  Indians  that  may 
possibly  bee  effected.     The  second  division  to  extend 
from    fflowerdieu    hundred    creeke  and    Weanoacke 
Marsh,  as  farr  dovvnewards  as  the  creeke  belowe  Hogg 
Island,  and  to  include  the  whole  corporation  of  James 
Cittie  and  Martin's  Hundred,  and  the  plantations  of 
Mulbury  Island  under  the  command  of  capt.   Smyth. 
The  third  division  to  be  the  plantation  of  Warosquoy- 
acke,  and  those  inhabitants  to  cleare  the  grounds  and 
lands  betweene  Hogg  Island  creeke  and  Nansamunge 
river. 

There  remaine  for  a  fourth  division  Elizabeth  Cittie. 
Warwicke  River,  IN  utltnegi;  Quarter,  Accawmacke,the 
plantation  at  Kiskyaeke  and  the  places  adioyning  ;  to 
goe  trtise  uppon  the  Indians  in  Pamunky  river,  viz. 
once  before  the  frost  of  Christmas,  *k.  the  other  in  June, 
July  or  Ausrust,  as  alsoe  uppon  those  lands,  between 
Nansamunge  river  and  the  river  of  Chesepeyacke.  And 
it  is  concluded  that  the  plantations  of  Accawmacke 
shall  assist  them  against  the  Pamunky  Indians  in  the 
summer  time  with  every  fift  man  out  of  the  inhabi- 
tants. 


ACT  IV. 

IT  ivas  putt  to  the  question  whether  all  new  comers  New  comers 
shall  bee  restrained  from  planting  tobaceo  the  first  veare  not  to  l>e  re* 

d4i  i  -    j  *.        r  it  ,         "     ,  strained    from 

they  to  bee  exempted  from  all  taxes,  and  marches  planting tobac- 

for  that  yeare.     The  inaior  part  would   have  no  re-  cothelstyearj 

straint  made  to  new  comers.  ?'"  exen»Pt«d 

from  rnarch.es 
against  the  In- 
dians. 


ACT  V. 

IT  was  put  to  the  question  whether  for  this  yeare  there  The  planting 

should    be   an   ordinance    made   and    established    for  of  l0,)a,co  •' 

the  stinting  of  the  planting  of  tobacco.      To  this  the  "rtairmum 


!42  LAWS  OF  VIRGINIA, 

b«  h^  /  a",S  .°Pimon  °^t,ie  most  voices  was,  that  noe  persons  worke 
ing  the  ground,  which  are  all  to  be  thithable,  should 
plant  above  3000  plants  uppon  an  head. 

An  exception  is  made  where  the  familie  consisteth  of 
children  and  woemen  which  doe  not  worke  in  the 
ground,  and  they  to  plant  not  above  1000  plants  per 
pol.  In  case  any  family  shall  be  aggrieved  by  this  or- 
der consisting  of  some  nomber  of  woemen  and  chil- 
dren, It  is  thought  fitt  that  in  speciall  cases  the  Go- 
vernor and  Councell  to  order  them  a  further  propor- 
tion. 


ACT  VI. 

a4nTOen«e°n       THESE  charges  following  were  allowed  by  the 
law  General  Assembly,  viz  : 

Imprimis.  To  Mr.  Marshartt  for  16  carriadges  for 
ordinance,  there  is  allowed  for  his  account  of 
£.  20S  04s  02d.  fovvre  thowsand  five  hundred  weight 
of  tobacco,  soe  that  the  remainder  that  was  not  paid 
unto  him  last  yeare  shall  be  fully  paid  and  deliver- 
ed unto  him  this  yeare,  or  his  assignes,     lbs.     4500 

Item.  Six  barrells  of  powder,  bought  of  Capt. 

Crampton,  and  yet  unspent,  0900 

Item.  One  hhd.  of  wyne,  spent  in  the  march,     0255 

Item.  One  ancor  lost  in  the  march  out  of  Lieut. 

Thompson  his  boate,  0050 

ffor  shott  which  Sr.  George  Yeardley  bought 
of  Mr.  Mayhow  and  provision  to  sett  out  his 
ship,  0428 

ffor  300  of  fish  bought  of  Mr.  Menefie,  0090 

ffor  one  barrell  of  pease  spent  in  the  shipp,     0050 

To  Mr.  Claybournc  for  siiott  spent  in  the  marches 
in  Sr.  George  his  time,  and  this  yeare  1629,     0500 

ffor  one  hundred  of  shott  more,  bought  of  Mr. 
Barrington.  &  1*2  of  biscuite  for  Chickaho- 
miny,  0047 

For  Ct.  Poole's  entertainement  this  yeare,  1200 


OCTOBER,  1629 — 5th  CHARLES  1st.  143 

[The  lines  following  the  above,  are  so  obliterated 
as  not  to  be  legible  till  we  come  to  the  words  "  his 
le^g  which  hee  received  in  the  country's  service;"  from 
which  we  may  infer  that  the  above  item  is  on  account 
of  a  wound  received  by  Cant.  Poole.] 

[t  is  also  ordered  that  the  three  Indians  here  resid-  Certain  Is 
ing  shal  be  maintained  by  the  General  charge  of  the  (!irms  t0  br 

...  •/.  c  o  supported 

whole  colony. 

To  defray  all  die  charges  above  said  the  whole  As-  Poll  tax 
sembly  concluded  that  there  should  be  five  pounds  of 
tobacco  per  pol  levyed  through  the  colony. 

It  is  further  concluded  and  ordered  that  every  master   How  collector: 
of  a   family,   and  every  freeman  that   is   to   pay  five 
pounds  of  tobai  co  per  pol  as  aforesaid  for  the  defraying 
of  publique   charges,  shall  bring  the   same  ,unto   the 
Houses  of  the  Burgesses  of  the  plantations  within  two 
dayes  after  notice  thereof  given  unto  them.    And  if  any 
shall  faile  to  bring  in  the  same,  it  is  thought  fitt  that  by 
virtue  of  this  order  the  said  Burgesses  shall  have  pow-   Burgesses  i< 
er  to  levy  the  same  by  distresse,  upon  the  goods  of  the   mrlli,■  distress 
delinquents,  and  to  make  sale  of  the  said  goods,  and 


taxes. 


to  detaine  such  tobacco  which  shall  be  due  by  this  or- 
der, and  for  their  fees  in  making  this  distresse,  restoring  For  ne«iect  oi 
to  the  owner  of  the  said  goods  the  residue  and  remain-  (i,,t-v' to  b*l ,fm" 
der.    And  if  the  Burgesses  shall  make  neglecle  herein  vemor&caun 
they  shall  be  fined  by  the  Governor  and  Councell.  cik 

The  Burgesses  doe  undertake  to  provide  caske  to  Burgesses  to 

putt  upp  the  same  and  if  any  damadge  shall  befall  unto  provide  casks, 

the  tobacco,  it  shall  not  Yia;\\t  uppon  the  Burgesses,  un-  ^  no,' liaWefo,! 

o  7  in  vol  tint  sir  v* 

lesse  they  shall  be  faulty  therein.  accidents." 

All  the  Burgesses  are  with  all  convenient  speed  to  Burgessest© 

send   to   the  Governor  a  list  of  the  tithable  persons  ofjthab/e'to 

within  their  plantations,  that  thereby  the  Governor  may  the  governor. 

appoint  those  that  are  the  creditors  for  this  tobacco  to  Pnblic  creri'- 

•         •*  i   .i      •   i        .    i  i  i  tors,  how  to  \>p 

ive  it  and  that  he  take  order  to  have  an   account  pay 
kept  of  the  same. 


ACT  VII. 

AT  this  time  the  matter  of  {fortification  was  taken  Fortificati 
into  consideration  and    there  was  longe  debate  had   ^^  soiyect 

considered 


out 


144  LAWS  OF  VIRGINIA, 

concerning  the  place  where  the  fforte  should  be  erected. 
Point  Comfort  Especially  Point  Comfort  was  spoken  of  and  was 
mosTeligible  thought  the  most  convenient  place,  but  the  great  and 
.situation.  many  difficultyes  therein,  and  the  want  of  means  and 

materials  for  effecting  thereof  doe  almost  make  it  im- 
possible  for  our  weake  abilityes  to  bring  to  perfection  : 
therefore  [the  lines  of  the  original  not  legible.] 
both  the  assistance  of  their  persons  and  estates  to  ac- 
complish so  good  a  worke  as  to  raise  fortifications 
which  will  be  both  a  safetie  and  reputation  unto  this 
colony. 


ACT  VIII. 

Penalties  tor  IT  is  ordered  that  there  bee  an  especial  I  care  taken 

not  repairing     by  aj]  commanders  and  others  tltat  the  people  doe  re- 

be^iitln-eci0      paire  to  their  churches  on  the  Saboth  day,  and  to  see 

that   the  penalty  of  one  pound  of  tobacco  for  every 

time  of  absence  and  50  pound  for  every  months  absence 

sett  downe  in  the  act  of  the  Generall  Assembly  1623, 

be  levyed  and  the  delinquents  to  pay  the  same,  as  alsoe 

Sabbath  day      to  see  thai  the  SabjSth  day  be  not  ordinarily  profaned 

not  to  be  pro-    by  workeing  in  any  iroplo)  ments  or  by  iournyeing  from 

place  to  place. 


ACT  IX. 

Who  to  pay  Jrf  fa  thought  fitt  that  all  those  that  worke  in  the 

ters.  ground  of  what  qualitie  or  condition  soever,  shall  pay 

tithes  to  the  ministers. 


EXTRACT 

From  the  Minutes  of  the  Judicial  proceedings 

of  the  Governor  and  Council*  of  Virginia. 


VFromthe  Ancient  Records  relating  to  Virginia,  Vol.  3. 

p.  215.] 

"  JULY  the  9th,  1630.— Dr  John  Pott,  late  Gover- 
li  nor,  indicted,  arraigned  and  found  guilty  of  steal- 
"  ing  cattle,  1 3jurors3  whereof  councellors.  This  day 
"  wholly  spent  in  pleading  ;  next  day,  in  unnecessa- 
"  ry  disputation  :  Pott  endeavouring  to  prove  Mr. 
"  Kingsmell    (one   of  the   witnesses  against   biro)  an 


"  That  the  Governor  and  Council  were  vested  with  judicial  powers, 
under  the  colonial  government,  is  a  historical  fact,  well  known,  without 
resorting  to  the  ancient  charters  to  support  it.  The  following  entry 
taken  from  some  loose  manuscript  sheets,  found  among  the  acts,  iscc.  of 
the  General  Assembly,  of  the  period  to  which  they  relate,  will  show 
how  their  courts  were  constituted,  and  the  mode  of  dying  business. 

'■  A  court  at  James  Citty  the  16th  Nov.  1027.' 

"  Capt.  ffrancis  West,  Esq.  Governor,  ik.c." 

"  Doct.  Pott,"  "  Mr.  Persey." 

««  Capt.  Smith,"  "  Mr.  Secretary," 

"  Capt.  Mathevves,"  «  Capt.  Tucker," 

"Mr.ffarrar." 

11  At  this  court  the  lady  Temperance  Ycardley,  came  and  did  fully 
and  absolutely  confirme  as  much  as  in  her  lay,  the  conveyance  made 
by  her  late  husband,  Sir  George  Yeardley,  Knt.  late  Governor,  deceas- 
ed, unto  Abraham  Persey,  Esq.  for  the  lands  of  Flowerdieu  Hundred, 
being  one  thousand  acres,  and  of  VVeanoake  on  the  opposite  side  of 
the  water,  bein«  2200  acres.  And  the  said  lady  Temperance  Yeard- 
ley, did  then  alltogether  absolutely  disclaime  and  release  unto  the  said 
Abraham  Persey,  all  her  right,  interest  and  claime,  in  all  and  every 
part  of  the  said  lands,  to  herself  any  ways  being  and  appertaining, 
■  iilifr  by  way  of  dower  or  thirds." 

"  The  presentments  of  the  minister  and  church-wardens  of  Stanley 
Hundred,  wcr«  delivered  into  the  coit,  under  their  hands.  And  also 
a  register  of  marriages,  burials  and  christenings." 

"  Upon  the  presentment  of  the  church-wardens  of  Stanley  Hundred 
for  suspicion  of  iuconlinency  betweeoe  Henry  Kinge  and  the  wife  of 
John  Jackson,  they  lyinge  together  in  her  husband's  absence  :  it  is 
thought  fitt  that  the  said  Kynge  shall  remove  hi*  habitation  from  her, 
and  not  to  use  or  frequent  her  company  until  her  husband's  retorne." 

•'  The  coppies  of  the  proceeding*  in  the  tnonlhlie  corts  at  Warros- 
quyoake  delivered  into  the  eon  by  Mr  John  Upton  and  Mr.  Thomas 
Fordon  commissioners  there." 


146  LAWS  OF  VIRGINIA, 

"  hypocrite,  by  a  story  of  Gusman  of  Alfrach  the  rogue. 
"In  regard  of  his  quality  and  practice,  judgment  re- 
"  spited  till  the  king's  pleasure  known;  and  all  the 
"  couucel  became  his  security." 

'July  13th,  1630.  William  Matthevves  servant  to 
"  Henry  Booth,  indicted  and  found  guilty  of  petit  trea- 
son, by  fourteen  jurors.  Judgment  to  be  drawn  and 
"  hanged." 

"  For  scandalous  speeches  against  Governor  and 
"Councell,  Daniel  Cugley  sentenced  to  be  pilloryd, 
;:  but  was  forgiven." 

"  September  17  th,  1630.  Hugh  Davis  to  be  soundly 
"  whipped,  before  an  assembly  of  Negroes  and  others 
"  for  abusing  himself  to  the  dishonor  of  God  and 
"  shame  of  Christians,  by  defiling  his  body  in  lying 
"  with  a  negro;*  which  fault  he  is  to  acknowledge 
"  next  Sabbath  day." 


"The  inventorie  of  the  poods  of  Roper  Prichard  delivered  into  cort 
and  pruved  to  lie  a  true  inventorie  by  the  testiinonie  of  John  Hausey." 

[TJJJ  In  deciding  controversies  between  individuals,  the  evidence  was 
always  recorded,  before  the  judgment  of  the  court  was  pronounced. 

#  Negroes  were  first  introduced  in  Virginia  from  a  Dutch  ship,  in  the 
year  J 620.     See  Beverley  pa.  51.     Burk's  Hist.  Vol.  1,  pa.  211 


Washington. 


I  Hi. 


HOLDEN  THE  24th  MARCH,  ANNO  DOMINI  1629-30. 

[From  a  MS*  belonging  to  Thomas  Jefferson,  Pre-  o>The  MS. 
sidentofthe  United  States,  which  was  purchased  by  from  which th* 
him  with  the  library  of  Peyton  Randolph,  from  his  g^ooVere 

executors. J  printed,  is  now 

in  the  Library 
AT    WHICH    WERE    PRESENT,  VIZ  :  of  Congress  at 

SIR  JOHN  HARVEY,  Knight,  Governor,  &c. 

Doctor  Pott, 

Capt.  Mathewes, 

Mr.  fiarrar. 

The  names  of  the  Burgesses  were  as  followeth,  viz: 

Impr.  tTor  the  plantations  of(j  Capt.  Thos.  Osboarne, 
Col  ledge  and< 
nek  oi  land  (  Thos.  {farmer. 

nor  Shirley  Hun-       ^  Thomas  Palmer. 
dred  Maine  (John  Harris. 

ffor  Shirley  Hundred  (  Cheyney  Boy.-. 

)  Walter  Aston. 


"  In  the  Acts  of  this  session  there  are  some  peculiarities  in  the 
hand-writing  which  do  not  occur  in  those  of  October,  1621).  The 
*mail  "  e  '  U  reversed,  the  circular  part  appearing  to  the  right  hand, 
instead  of  the  left,  and  most  frequently  it  resembles  the  small  Italic 
'■•'o'"  with  a  horizontal  cross  near  the  top: — The  letter  "  c"  at  the 
fining  of  a  wo  d,  is  written  like  the  capital  "  O"  with  a  perpen- 
lar  stroke  through  the  centre  ;  in  the  middle  of  a  word  it  resem- 
ble! the  letter  "  r"  but  at  the  end,  it  is  written  like  the  small  Greek 
riftna  as  explained  in  the  note  at  the  beginning  of  the  Acts  of  \6'2'i. — 
llie  letter  "  r"  is  made  nearly  like  the  modern  "ii."  But  what  would 
ate  the  greatest  difficulty  with  those  not  accustomed  to  the  read- 
ing of  the  ancient  manuscripta,is,  the  formation  of  the  letter  "/i," 
which  is  invariably  written  like  the  modern  capital  "  E,"  the  whole 
letter  extending  below  the  line.  The  other  peculiarities  noticed  in 
the  MS.  of  the  Acts  of  the  last  session,  (except  in  the  tetter  "e") 
are  common  to  this 


14*  LAWS  OF  VIRGINIA. 

(For  Jourden's. Tourney    (  „r  ,       „  . 
andChap!in'sChnice^WaherPriCe* 

ffor  Flowerdieu  Hundred — John  ffloyd 

ffor  Westover,  none  appeared. 

ffor  Weynock — John  Trahornc. 

ffor   Paces  Paines  and  (  „,.,,.        ,. 
c-     rtL  .  -I  William  rerrv. 

bmyths  mount  { 

ffor  Pasbyhoy — Bridges  ffreeman. 

ffor  James  Citty  Hand    i  £oh"  Southerns, 

'  (  Robert  Barnngton 

ffor  the   other  side   of  (  Capt.  John  West, 
the  water  (  Capt.  Robert  ffelgate. 

ffor  Hog  Hand — Capt.  John  Uty. 

ffor  the  neck  of  land  in  } 

the    corporation    of >  Richard  Brewster. 
James  Citty  } 

fibr  Archer's  Hope  and  (  Theodore  Moyses, 
Glebe  land  (  Henry  Ceny 

fforHarropand  the  plan-") 

tations  betvveene  Ar-  !  John  Browning, 
cher's  Hope  and  Mar-  ,'  Thomas  ffareley. 
tin's  Hundred  J 

ffor  Martin's  Hundred    \  ^ber-t  Scolchmorc, 

(  1  nomas  llossett. 

ffor  Mulbury  Hand         i  f^™5  Garwood, 
J  I  Anthony  Barham. 

ffor  Warwick  River        \  ™°™s  fflint' 

(  John  Brewer. 

C  Thomas  Ceely, 
ffor  Denby  <  Christopher  Stokes, 

(  Thomas  Key. 

ffor  Nutmegg  Quarter— Joseph  Stratton- 


MARCH,  1629-30— 6th  CHARLES  1st.  M> 

f3ohn  Upton. 

i  John  Atkins, 
ffor  Warrosquoiack     <  R()bert  Savinl 

^Thomas  Burges. 

-  (  Capt.  Tho.  Willoby, 
ffor  the  upper  parte  of  W]liam  Kempe) 

Elizabeth  Citty         £  Thomas  Hayrick. 

„  '      "•.  r(  Capt.  Thos.  Purfury, 

flor  the  lower  parte  of>  Adam  Thoroughgood. 
Elizabeth  Citty         ^  Lancelott  Barnes. ; 

f  Capt.  Graves, 

.•  Scarborough, 

ffor  Accowmacke         <  0bedience  Robins, 

1^  Henry  Bagwell. 


The  oathes  of  alleidgeance  and  supremacy  were  ad- 
ministered to  the  Governor  and  Councell,  and  after- 
wards to  all  the  Burgesses  then  assembled. 


THE  ORDERS 

At  this  Assembly  established,  followe  : 

*ACT  I. 

IT  is  ordered.  That  all  ministers  residing  and  bee-  Ministers  to 
ing.  or  who  hereafter  shall  reside  and  bee  within  this  conform  to 
colony,  shall  conforme  themselves  in  all  tliinges  accord-  0f  tnP church 
ing  to  the  cannons  of  the  church  of  England.    And  if  of  England, 
there  shall  bee  any  that,  after  notice  given,  shall  refuse 
for  to  conforme  hirnselfe,  hee  shall  undergoe  such  cen- 
sure, as  by  the  said  cannons  in  such  cases  is  provided 
for  such  delinquent.     And  that  all  acts  formerly  made 
concerning  ministers  shall  stand  in  force,  and  bee  duly 
observed  and  kept. 

*  The  Acts  of  this  session,  like  those  of  the  preceding,  arc  no* 
divided  into  chapters,  or  acts.  They  contain,  however,  a  short  epi' 
tome  of  each  act  in  the  margin,  which  i<  not  the  ca«f>  with  thoso,  ^i 
any  former  session 


14o,art  VII. 


150  LAWS  OF  VIRGINIA, 

ACT  II. 

A  fort  t<.  he  MATTER  of  {Fortifications  was  againe  takpn  into 

built  at  Point     consideration,  and  Capt.  Samuel  Mathewes  was  eon^ 

(      mlOTt.  iii-  r        a-  t»  r> 

tent  to  undertake  the  raysing  ol  a  fiort  at  roynt  tom- 
5ee  ant*  p.  fort,  whereupon  Capt.  Robert  flelgate,  Capt.  Thomas 
Purfury,  Capt.  Thomas  Graies,  Capt.  John  Uty, 
Capt.  Tho.  Willobv,  Mr.  Tho.  Heyrick,  and  Leu't'. 
Win.  Perry  by  j nil  consent  of  the  whole  Assembly,  were 
chosen  to  view  the  p'ace,  conclude  what  manner  of 
flbrte  shall  bee  erected,  and  to  compounde  and  agree 
with  the  said  Capt.  Mathewes  for  the  building,  raysing 
and  finishing  the  same.  And  whatsoever  bargaine  or 
contracte  the  said  committee  shall  make  concerning  the 
same,  the  whole  Assembly  are  content  to  ratifie  and 
continue  and  perfoxme. 


war 


ACT  III. 

N<f  new-comer  IT  is  concluded  and  ordered,  That  noe  new-comer 
aeainsuhe  ^or  l'ie  ^irst  yeare  shall  bee  compelled  to  goe  in  person 
-nemy  the  first  uppofi  any  march  or  service  uppon  the  enemy,  but  shall 
bee  only  contributary  to  the  charge  thereof  according 
to  his  proportion,  excepte  it  bee  in  cases  of  extreame 
necessity.  And  noe  master  of  a  family  shall  presume 
to  send  any  new  man  uppon  any  march  or  service  as 
aforesaid  uppon  paine  of  severe  censure. 


ACT  IV. 

ing\o^ins,L  FORASMUCH  as  many  inconveniences  doe  often 
forestallingj  happen  t:>  the  inhabitants  and  planters  of  this  colo- 
pen3iti*»s  for,  ^    t-7p  PXGt>ssive  anc}  exorbitant  inprrossine"  of  com- 

;>u<!  provisions  ,:   .  .  .  sr  •  1 

igainst.  rnodities  brought  into  this  country, llorrepressmg  where- 

of, it  is  ordered  arid  concluded  by  the  whole  body  of  this 
Assembly,  That  noe  person  or  pprsons  of  what  degree, 
quality,  condition  or  profession  soever  they  bee,  doe 
at  any  tvtne  eytber  aboard  the  shipps  or  on  shore  or 
elsewhere  ingrosse  or  fforestaHe  any*  whatso- 

ever, but  that  such  as  buy  may  buy  only  for  their  par- 
ticular use,  and  if  they  can  spare  any  of  the  same,  then 


\  word  torn  on*  in  "^"  oriffina       .  »n<    nd  to  he  "  fovwtoditits  ** 


MARCH,  1629-30— 6th  CHARLES  1st.  151 

not  to  sell  any  of  the  same  goods  at  any  dearer  rate  to 
their  neighbours  lor  more  than  they  paid  at  the  first 
penny.  And  that  all  marchants  whatsoever  now  re- 
siding or  that  hereafter  shall  arvve  in  Virginia  may 
uppon  such  penalty  and  severe  punishment  a>  the  qual- 
ity of  the  offence  shall  deservp,  de liver  their  bills  f 
lading  or  a  true  copy  thereof  to  the  G;>\pi>ior  and 
Councell  or  one  of  them.  And  that  a  true  invoice  of 
such  goods  consigned  to  marchants  heere  tivertd 

in  alsoe  as  before  upon  oath,  that  the  country  may  not 
be  defrauded,  neyther  the  marchants  iovne  with  any 
to  colour  their  ingrossings.  And  that  ihis  may  bee 
uppon  the  forfeyture  of  treble  thp  value  of  any  such 
goods  soe  bought,  ingrosssed  or  coloured,  the  moyiie 
thereof  to  goe  to  the  general!  good  of  the  colbny,  and 
the  other  moytie  to  any  man  that  shall  compla^ne  and 
really  prove  the  same  by  witnesses. 


ACT  V. 

FOR  the  better  furtherance  and  advancement  of  sta-   h<n\>\c  commo 
pie  commodities,  and  more  especially  that  of  potashes   £lUes\       , 
and  saltpeeter,  it  is  thought  jfitt  that  every  master  of  a  t0  i>e  ma.le  in 
flamily  within  the  severall   plantations  of  this  colony   P°'  Hsi"'s  fc 
shall  use  their  best  endeavours  to  preserve  and  keepe   MasteMof 
in  dry  and  tight  houses  or  casks  all  those   ashes   that  families  to 
shall  proceede  and  bee  made  by  the  wood  that  is  burned   wlJre  "10"' 
in  clearing  their  grounds,  that  they  may  be  ready  at 
all  tymes  to  be  delivered  to  those  that  shall  require  the 
same  to  make  experiment  thereof.     And  that  every  anf!  "rme- 
master  of  a  flamily  shall  have  a  special!  care,  after  a 
notice  thereof  given,   to  preserve  and  keepe  all  their 
urine  which  shall  be  made  in  their  severall  plantations, 
to  be  disposed  and  bestowed  as  by  a  note  in    writing 
they  shall  receave  directions  the  benefut  whereof  shall 
the  first  yeare  shall  redounde  to  those  that  shall  make 
the  experiment.     And  the  next  yeare  it  shall  bee  law- 
full  for  every  planter  to  make  the  best  benefitt  hee  cm 
thereof  to  his  own  use.    And  for  other  staple  commodi- 
ti<>.  as  iron,  salt,  vines,  &c.    the  whole  assembly  are 
willing  and  readie  to  yielde  their  best  assistance  in  set- 
ting and  raysing  them,  or  any  of  them  when  they  shall 
see  any  incouragement  thereunto  by  such  as  shall  bee 
men  of  experience  and  skill  to  perfacte  such  workes. 


152 


LAWS  OF  VIRGINIA. 


ACT  VI. 


Regulations 

fo'   insuring 
■»  sufficiency  of 
turn. 


TO  prevent  the  want  of  come  which  oftentymes  doth 
happen  t«  this  colony  by  reason  of  the  neglect  of  plant- 
ing sufficient  quantities  thereof  for  their  necessarie 
provisions,  It  is  ordered,  that  two  acres  of  corne  or 
neere  thereabouts  bee  planted  for  every  head  that 
worketh  in  the  grounde,  and  the  same  to  bee  suffi- 
ciently tended  weeded  and  preserved  from  birdes, 
hoggs,  cattell  and  other  inconveniences.  And  if  any 
planter  shall  bee  found  delinquent  therein  hee  shall  for- 
feite  all  his  tobaccoe  which  bee  made  of  his  cropp 
that  yeare,  the  one  halfe,  to  the  informer,  the  other  to 
bee  imployed  to  publique  uses  for  the  good  of  the 
country. 


ACT  VII. 


Regulations 

for  improving 
the  staple  of 
tobacco. 


Number  of 

plants  to  a 
hand  limited. 


Penalty  :'ur  of- 
iein":   !>ad  to- 
•' a<  •  o  in  pay- 
ment- 


.ICCO 

i)  l.i  burnt,  k. 
t'.ie  ofi"<  nder 
not  to  plant 
any  more  till 
authorised  by 
Mio  General 
Assembly. 


[FOR  the  improving  the  planting  of  tobaccoe  the 
neglect]  x" 

thereof  in  the  curing  hath  caused  the  same  to  bee  of  base 
price  and  small  esteeme  to  the  discredit!:  and  disad- 
vantage of  the  whole  colony  in  general!,  for  the  pre- 
venting and  avoyding  whereof,  It  is  thought  fit  l  and  ac- 
cordingly ordered,  That  noe  person  whatsoever  shall 
plant  or  tende  above  two  thousand  plants  of  tobaccoe 
for  every  heade  within  his  family  including  weoinen  and 
children.  And  to  the  intent  that  noe  tobaccoe  of  bad 
condition  may  be  transported  out  of  this  country,  It  is 
further  ordered,  That  if  any  man  hereafter  shall  make 
any  bad,  or  ill  conditioned  tobaccoe  and  offer  to  pay 
away  the  same  to  any  person,  or  persons,  eyther  for 
debts,  marchandize  or  any  other  commodities,  it  shall 
be  lawfull  for  the  commander  of  every  plantation  with 
two  or  three  discreete  men  of  the  said  plantation  uppon 
view  thereof  to  burne  the  same.  And  the  partie  that 
shall  be  found  delinquent  in  any  particle  of  this  order 
shall  bee  hereby  barred  from  planting  any  tobaccoe 
until  hee  bee  re-admitted  by  a  General  Assembly. 


'  The  line  in  the  original    so  obliterated  as  to  be  not  legible. 


MARCH,  1629-30— 6th  CHARLES  1st.  153 

ACT  VIII. 

IT  is  also  ordered,  That  tlie  warr  begun  uppon  the  *Var  ,0  be 

Indians   bee   effectually  followed,  and  that  noe  peace  alX.si'the  in- 

bee  concluded  with  them.  And  likewise  that  all  marches  dians  ami  no 

which    shall    hereafter  bee    ordered    and    appoynted  Preace  IJia(3c 
against  them,  be  prosequted  and  followed  with  all  dil- 
ligence. 


ACT  IX. 

FFOR  the  better  increase  and  multiplying  of  cattell   Female  cattle 
in  this  colony,  it  is  thought  fit  that  all  "the  female  in-  2e^L;^"ed 
crease  of  neate  cattell  bee  with  all  care  and  diligence   breeding,  or 
preserved  and    kepte.     And  that  noe  female  kinde  of  like,y  to  die 
cattell  bee  killed    unlesse  they   bee  such  as  are  eyther 
past  breedinge,  or  are  likely  to   dye  by  some  infirmi- 
ty.    And  if  any  person  or  persons  shall  doe  contrary 
to    this   acte    they  shall   undergo  such  censure  as  the 
Governor  and    Councell    shall   thinke  fitt  to  impose 
upon  them. 


A 
HOLDEN    AT    JAMES    ClTTY    THE    21st    OF    HeBRUARY, 

1631-2. 


of  Congvesfl  at 
Washington. 


[From  a  MS.*  belonging  to  Thomas  Jefferson,  Prt-   [CF  The  MS, 
sident  of  the  United  State,  purchased  by  him  with  the  f,om  *h,cl,thc 

II  P  T"»  T>  111/*  1  •  -i  W*8   "'   l'"S 

library  oj  Peyton  Randolph,  Jrom  his  executors.}        session  were 

printed.,  is  now 

PRESENT  Sir  John  Harvey,  Knight,  Governor,  '*  *e  lihrary 
he. 

Capt.  ffrancis  West,  Capt.  Wm.  Tucker, 

Capt.  John  West,  Mr.  Wm.  ffarrar, 

Capt.  Sam.  Mathewes,  Cupt.  Rich'd  Stevens, 

Capt.  Wm.  Clayborne,  Mr.  Henry  ffinch, 

Capt.  Natha'l  Basse,  Capt.  Thorn.  Purifye, 

Capt.  Juhn  Utye,  Capt.  Wm.  Peirce. 

*  The  peculiarities  in  the  hand-writing  of  the  acts  of  this  session, 
are  such  as  have  been  already  noticed  in  the  actg  of  the  preceding 
seggioD 

V 


164  LAWS  OF  VIRGINIA, 

The  names  of  the  Burgesses  were,  viz  : 

Arrowattockes     necke     of  >  c     t>  Thomas  Osborne, 
land,  Curies,  5 

Both    Shirley    Hundreds,  }  c         3,^  £ 
Mr.  flarrars,   and  Chap-  \  M*  Wa|tpr  ^ 
laynes,  ) 

Westover,   Flowerdewe       |Johnffludd. 
huiid.  and  Weyanoake,    ) 

ffirom  Capt.  Perryes  >  c        wmiam  p 

downwards  to  Hogge      \  MrFRichard  Richards. 
Island,  ) 

.  „.  (  Mr.  John  Southerne. 

James  Citty,  |  Lieut  T,J0S>  Crampe. 

.     ,     ,   TT  (  Mr.  Tho.  fTarlowe. 

Archer  s  Hope,  J  Percivell  Wood. 

ffrorn     Kethes     Creek     to  J  ^     Thomag  Harwood> 
Mulbury  Island  &  Sax-  V  Ca      Thos>  ffl 
oivs  Goale,  } 

i«r       •  1     tt  ^  Thomas  Seely, 

Warw.cke  River,  |  Thomag  Ramshawc. 

Waters  Creeke  and  the  up-  ^ 

per  parrish  of  Elizabeth  >  Capt.Thos  Willoughbye 
Citty,  ) 

The  lower  parrish  of  Eli-  )  £    Q  D  ^ 

zabeth  Cuty,  5 

Worrosquyoake — Mr.  Thomas  Jourdayne. 

.  .  C  Mr.  Edm'd  Scarborough. 

Accawmacke,  <  t.*     T  ,     u 

(  Mr.  John  Howe. 

Kiskyake    and    the   lie   of )  n     .   *v  ,,    ,T    . 
vJ  t  >  Capt.  JNich's  Matian. 

The  oathes  of  supremacy  and  allegiance  were  in  the 
Hrst  place  administered  to  the  Governor  and  CouncelL 
and  to  all  the  above  named  burgesses  in  like  manner 

In  the  afternoonc. 

The  Commission   from  his   majestic  nowe  in  force 
was  read  before  the  whole  bodie  of  the  Assembly. 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  155 

ACT  I. 

The  24th  day  of  February  to  as  enacted  this  followingc. 
Order  for  the  Mynislers. 

IT  is  ordered.  That  theire  bee  a  unifonnitie  through-   Unilbrouty  ii 
out  this  colony  both  in  substance  and  circumstance  to   ncchurc,K 
tbe  cannons  and  constitution  of  the  church  of  England 
as  neere  as  may  bee  and  that  every  person  yeald  readie. 
obedience  unto  them  uppon  penaltie  of  the  paynes  and 
forfeitures  in  that  case  appoynted. 

ACT    II. 

THAT  the  statutes  for  comminge  to  church  every  Penalty  for 
Souday  and  holydays  bee  duly  executed.  That  is  to 
say  ;  that  the  church  wardens  doe  lc\y  one  shilling  for 
every  tyme  of  any  person's  absence  from  the  church 
havinge  no  lawfull  or  reasonable  excuse  to  bee  absent. 
And  for  due  execution  hereof  the  Governor  and 
Couucell  togeather  with  the  burgisses  of  this  grand  as- 
sembly doe  in  Gods  name  earnestlie  require  and 
chardge  all  commanders,  captaynes  and  church-war- 
dens that  they  shall  endeavour  themselves  to  the  utter- 
most of  theire  knowledge  that  the  due  and  true  execu- 
tion hereof  may  be  done  and  had  through  this  colony, 
as  they  will  answere  before  God  for  such  evills  and 
plagues  wherewith  Almighty  God  may  iustlie  punish 
his  people  for  neglectinge  this  good  and  wholesome 
lawe. 


hein<>'  absent 
from  church. 


ACT  III. 

IT  is  ordered,  That  as  many  of  the  mynisters  as  con-  Ministers  and 

venientlie  may,  and  one  of  the  church-wardens  at  least,  «--hurch-war- 

_  y,    ,  !•  •  i  dens  to  make 

of  every  parish  be  present  yearhe  at  midsomer  quarter  prDsentmenfs 

cort   holdeu  on  the  first  day  of  June ;  and  theire  to  and  return  a 

make  theire  presentments  uppon  oath,  togeather  with  |j'^l,Rhtgirm![-- 

a  register  of  all  burialls,  christnenings,  Sc  marriages,  as  riage&,'and 

likewise  their  accounts  of  all   levyes,  collections   and  births;  also  o: 

disbursements  as  have   beene   or    fallen  out  in  their  and^iXuse- 

tymes  concerning^  the  church  affayres.     And  further  ment« 

that  they  choose  church  wardens  at  the  feast  of  Easter 

vearlie. 


*5G 


Oath  of 
cl  pinch-  war- 
dens. 


LAWS  OF  VIRGINIA, 

ACT  IV. 

And  it  is  further  ordered  and  thought  expedient,  ac- 
cording to  a  former  order  mode,  by  the  governor  and 
councell  that  all  church-wardens  shall  take  this  oath 
and  that  it  bee  administered  before  those  that  are  of 
the  commission  for  mounthlie  corts,  viz. 

"YOU  shall  sweare  that  you  shall  make  present- 
"  ments  of  all  such  persons  as  shall  lead  a  prophayne  or 
11  ungodlie  life,  of  such  as  shall  be  common  swearers, 
"drunkards  or  blasphemers,  that  shall  ordinarilie  pro- 
"  fane  the  saboth  dayes  or  contemne  Gods  holy  word 
"or  sacraments.  You  shall  also  present  all  adulterers 
"  or  fornicators,  or  such  as  shall  abuse  theire  neighbors 
"  by  slanderinge  tale  carryinge  or  back  bitinge,  or  that 
"  shall  not  behave  themselves  orderlie  and  soberlie  in 
"  the  church  duringe  devyne  servise.  Likewise  they 
"  shall  present  such  maysters  and  mistrisses  as  shall  be 
"  delinquent  in  the  catechisinge  the  youth  and  igno- 
"  rant  persons.     So  helpe  yow  God  !" 


Penalty  for 
disparaging 
ft  minister. 


ACT  V. 

NOE  man  shall  disparage  a  mynister  whereby  the 
myndes  of  his  parishoners  may  be  alienated  from  him 
and  his  mynistrie  prove  less  eflectuall  upon  payne  of 
severe  censure  of  the  governor  and  councell. 


eaiion  of 
banns 


ACT  VI. 

Rites  of  main-  NO  mynister  shall  celebrate  matrimony  betweene 
ce°"brated  *  any  Persons  without  a  facultie  or  lycense  graunted  hy 
without  li  the   Governor,  except  the   baynes  of  matrimony  have 

ceiseo  pnbli-  beene  first  published  three  severall  Sundays  or  holy- 
dajs  in  the  time  of  devyne  service  in  the  parish  church- 
es where  the  sayd  persons d well  accordinge  to  the  booke 
of  common  prayer,  neither  shall  any  mynister  under 
any  pretense  whatsoever  ioyne  any  persons  soe  licen- 
sed in  marriage  at  any  unseasonable  tymes  but  only 
betweene  the  bowers  of  eight  and  twelve  in  the  fore- 
noone,  nor  when  banes  are  thrice  asked,  and  no  lycense 
in  tiat  respect  necpssarie,  before  the  parents  or  guardi- 
ai.s  of  the  parties  to  be  married  beinge  under  the  age 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  15* 

of  twenty  and  one  years,  shall  either  personally  or  b} 
sufficient  testimony  signifie  unto  him  theire  consents 
given  to  the  said  marriage. 


set- 


ACT  VII. 

EVERY  mynister  in  this  colon}'  havinge  cure  of     Ministers  to 
soules  shall  preach   one  sermon  every  sunday  in  the  Preiuh  a 
yeare,  having  no  lawful   impediment,  and  yf  the  my-  s^iav!^ 
nisters  shall  neglect  theire  charge  by  unnecessarie  ab- 
sence or  otherwise  the  church  wardens  are  to  present    - 
it.    But  because  in  this  colony  the  places  of  their  cure 
are  in  many  places  flar  distant,  It  is  thought  fitt  that 
the  my  nisters  doe  soe  divide  theire  turtles  as  byjoynt 
agreement  of  the  parishoners  they  should  be  desired. 


ACT  VIII. 

IT  is  also  thought  fit,  That  upon  every  Sunday  the  Ministers  t» 

mynister  shall  halfe  an  hower  or  more  before  evenenge  ,cach  rh,,dre» 

,  .  .  .  .  °  ,  the  ten  com- 

prayer  examine,  catechise,  and  instruct  the  youth  and  mandtnente, 

ignorant  persons  of  his  parrish,  in  the  ten  command-  the  articles  of 

ments  the  articles  of  the  beiiefe  and  in  the  Lord's  praver  :  »e,lf$  ,1,e 

j     l    n    i»i«  i"     i  •  i  "    ■  Lords   prayer 

and  shall  diligenthe  heere,  instruct  ahd  teach  them  the  and cateehismi 
catechisme.  sett  forth  in  the  booke  of  common  prayer 
And  all  fathers,  mothers,  maysters  and  mistrisses  shall 
cause  theire  children,  servants  or  apprentizes  which 

have  not  learned  the  catechisme  to  come  to  the  church  Penalty  on 

at  the  tyme  appointed,  obedientlie  to  heare,  and  to  be  pa^etr*  *0"d 

ordered  by  the  mynister  until!  they  have  learned  the  not  sending- 

same:  And  yf  any  of  the  sayd  (Fathers,  mothers,  mays-  their  children 

ters  and  mistrisses.  children,  servants  or  apprentises,  ppdSd*n*n< 

shall  neglect  theire  duties  as  the  one  sorte  in  not  caus-  forrefusiog 

inge  them  to  come  and  the  other  in  refusinge  to  learne  t0  karn- 
as  aforesayd,  they  shall  be  censured  by  the  corts  in 
those  places  holden.     And  this  act  to  take  beginniuge 
at  Easter  next. 


Commence  - 
ment. 


ACT  IX. 

WHEN  any  person   is  dangerouslie  sicke  in  any  Duty  of  mi 
parrish,  the  mynister  haveinge  knowledge  thereof  shall  ,,iste,s  ia  Rt' 


ia8 


-Hi 


LAWS  OF  VIRGINIA, 


tending  <he       resort  unto  him  or  her  to  instruct  and  comfort  them  in 


their  distresse. 


ACT  X. 


Mininei  to 
ketfp  a  parish 
register  of 
marriages, 
births  and 
deaths. 


IN  every  parrish  church  within  this  colony  shall  be 
kept  by  the  niynister  a  booke  wherein  shall  be  written 
the  day  and  yeare  of  every  christeninge,  weddinge, 
and  burial!. 


ACT  XI. 


Deportment 
n(  ministers. 


MYNISTERS  shall  not  give  themselves  to  excesse 
in  drinking?  or  riott,  spendinge  theire  tyme  idellye  by 
day  or  night,  playing*  at  dice,  cards,  or  any  other 
unlawful!  game  ;  but  at  all  tymes  convenient  they  shall 
heare  or  reade  somewhat  of  the  holy  scriptures,  or  shall 
occupie  themselves  with  some  other  honest  study  or 
exercise,  alwayes  doinge  the  thinges  which  shall  ap- 
perteyne  to  honesty  and  endeavour  toprofitt  the  church 
of  God,  alwayes  haveinge  in  mynd  that  they  ought  to 
excell  all  others  in  puritie  of  life,  and  should  be  exam- 
ples to  the  people  to  live  well  and  christianlie. 


ACT  XII. 

Sacrament  to         IN  every  parish  church  where  sacraments  are  to  be 
iCTed'three        administered  within  this  colony,  the  holi  communion 
times  a  year,      shall  be   admynistred  by  the  mynister   thrice   in   the 
yeare,  whereof  the  feast  of  Easter  to  be  one. 


ACT  XIII. 

Preaching,  ad- 
ministration of  •  TKTt\       II  1   •  1  •  /*      1 

ilte  sacrament        A1MD  all  preachtiige,  admynistnnge  of  the  commu- 
&  marriages,      nion,  and  marriages  shall  be  done  in  the  church  except 

to  be  perform-    Jn  caseg  of  „ecessitie. 

en  in  the 
■hurch. 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  tte 

ACT  XIV. 

The  24th  ofFfebruary  xuas  enacted  this  followinge  Order 
for  the  Mynisters,  viz : 

THE  governor  and  counsel  I  togeather  with  the  bur-   Farther  al- 
doses in  this  present  grand  assembly,  uppon  the  peti-   |imanCt' ,f> 
tion  of  the  mynisters  within  this  colony,  have  taken 
into  theire  consideration  by  what  way  theire  might  be 
a  sufficient  meanes  allowed  unto  the  said  mynisters  for 
theire  better  subsistance  and  encouragement  in   their 
mynistrie ;  and  thereuppon  have  ordeyned  and  enact- 
ed that  there  shall  be  payd  unto  thesayd  mynisters  the 
former  allowance  of  10lb.  of  tobaccoe  and  abushell  of 
corne,  in  such  manner  as  formerlie  hath  beene  done  ; 
and  because  of  the  lowe  rates  of  tobacco  at  this  present 
It  is  further  graunted  and  ordered,  that  theire  shal  be  Tithes  oi 
likewise  due  to  the  mynisters  from   the   first  day  of  !jna  ^es. 
March  next  ensuinge  the  20th  calfe,  the  20th  kidd  of 
gpates,  and  the  20th  pigge,  throughout  all  plantations 
within  this  colony ;  and  that  theire  may  arise  no  diffi- 
cultie  nor  controversie  in  the  payment  of  this  new  al- 
lowance of  meanes,  It  is  thought  Jitt  and  ordered,  That  How  set  out 
where  any  parishioners  shall  not   have   the   complete 
nomber  of  20  calves,  kidds  or  piggs  then  the  nomber 
which  hath  fallen  att  the  feast  of  Easter  shal  be  praysed 
and  rated  betweene  the  mynisters  and  one  or  more  of 
his  parishioners,  and  the  20th  part  thereof  allowed  to 
the  mynister  proportionally ;  but  yf  it  fall  out  the  num- 
ber of  calves,  kidds  or  piggs  arise  to  twenty  then  the 
owner  is  to  choose  five  out  of  the  sayd  nomber  and 
the  mynister  to  make  his  choyse  in  the  sixt  place,  and 
't  is  thought  fitt  that  the  owners  keepe  the  sayd  calves,   Hovv  l°0g  u 
kidds,  or  piggs  ttntill  the  tyme  that  they  bee  weaneable,   u?e  tinier* 
that  is  to  say,   for  calves  the  owner  to  keepe  them  7 
weekes,  and  kidds  likewise  7  weeks  and  piggs  a  month. 
And  the  parishioners  are  to  give  notice  to  the  mj  nisters  How  collected, 
alien  they  shall  fetch  theire  calves,  kidds, or  piggs  that 
be  due  unto  them.      And  this  act  to  continue  in  force,    Limitation  of 
untill  the  next  meetinge  of  the  grand  assembly,  at  which 
tyme  theire  may  fall  out  just  cause  of  alteration  either 
by  the  advancement  of  tobacco  or  some  other  meanes, 
for  that  formerlie  the  ancient  allowance  of  101b  of  to- 
bacco and  a  bttshell  of  corne  hath  beene  a  sufficient  pro 
portion  for  theire  maynteynance  in  their  callinge. 


Hits  acti 


160 


LAWS  OF  VIRGINIA, 


Fees  of  mi- 
nisters. 


How  the  for- 
mer allowance 
to  be  collected. 


Penalty  for 
non-payment. 


Church-war- 
dens failing  iu 
their  doty  to 
be  liable  them- 
selves 


It  is  likewise  ordered,  That  the  mynister  shall  have 
these  petty  duties  as  follow  eth,  viz: 

Imprimis.     For  Marriage  2  0 

for  Christeningc  0  0 

for  Churchinge  1  0 

for  Buryiuge  1  0 

It  is  ordered,  That  tippon  the  25th  day  of  October 
if  it  be  not  Sunday,  and  then  the  day  follow  inge,  the 
church-wardens  shall  give  notice  to  the  parishioners 
that  they  bringe  in  the  dutie  of  10  lb  of  tobacco  for  the 
mynisters  unto  a  place  to  be  appoynted  within  that 
plantation  by  the  sayd  church-wardens,  and  that  the 
mynister  bee  warned  to  be  there  or  appoynt  some 
other  to  receive  the  same.  And  it  is  likewise  ordered, 
That  the  dutie  of  a  bushell  of  corne  be  brought  in  up- 
pon  the  1 9th  day  of  December  to  the  place  appoynted 
within  that  plantation  by  the  mynister.  And  no  plan- 
ter or  parishoner  may  neglect  the  bringinge  of  the  to- 
bacco, or  corne  uppon  the  penalty  that  yf  any  make  de- 
fault they  shall  forfeit  double  the  quantilie  of  the  tobac- 
co and  corne  to  be  levied  by  distresse  by  authoritie 
from  the  commander;  and  likewise,  by  distresse,  all  ar- 
rearages of  tobaccoe  and  corn  due  to  the  ministers  as 
duties  shall  or  may  be  recovered  by  virtue  of  this  or- 
der of  this  assembl}'.  And  yf  the  church-wardens  shall 
fayle  in  the  execution  of  tlieire  office  hereby  inioyned 
then  the  commander  shall  take  order  that  it  be  levied 
by  distresse  out  of  the  church-wardens'  goods  and  chat- 
tells. 


Churches  to  be 
built  and  re- 
paired. 


ACT  XV. 

IT  is  vrdeyued  and  enacted  tiiat  in  ail  such  places 
where  any  churches  are  waniinge,  or  decayed,  the 
inhabitants  shall  be  tyed  to  contribute  towards  th? 
buildinge  of  a  church,  or  repayringe  any  decayed 
church,  the  commissioners,  togeather  with  the  mynis- 
ters, church-wardens  and  chiefe  of  the  parish  to  ap- 
poynt both  the  most  convenient  place  for  all  parts  to 
assemble  togeather,  and  also  to  hire  and  procure  any 
workeman,  and  order  such  necessaries  as  are  requisite 
10  be  done  in  such  workes.    This  they  are  to  effect  be- 


FEBRUARY,  1631-2— 7th  CHARLES  1st,  161 


lore  the  feast  of  the  nativitie  of  our  Saviour  Christ,  or      Penalty  on 
else  the  sayd  commissioners,  yl  they  be  deficient  in  era  for  neglect 
theire  duties,  to  forfeit  501.  in  money,  to  be  imployed 
as  the  whole  bodie  of  the  Assembly  shall  dispose. 

And  it  is  ordered  in  like  manner,  That  theire  be  a  Burying         . 
certayne  portion  of  ground  appoynted  out,  and  impal-  srounrt 
ed  or  fenced  in  (uppon  the  penalty  of  twenty  Marques) 
'o  be  for  the  buriall  of  the  dead. 


ACT  XVh 

UPON  a  remonstrance  preferred  to  the  assembly,  fre?ch?M^ 

complayninge  that  the  (frenchmen  who  were,  about  in  the'cuiture 

ten  yeares  since,  transported  into  this  country  for  the  of  vines,  not 

plantirige  and  dressinee  of  vynes,  and  to  instruct  others  tobe.  Perm,tted 

•      i        °         i  -li-       i-  lit        i    li  i  ,0  plant  any 

in  the  same,  have  willmglie  concealed  the  skill,  and  not  tobacco, 
only  neglected  to  plant  any  vynes  themselves,  but  have 
also  spoyled  and  ruinated  that  vyniard,  which  was,  with 
great  cost,  planted  by  the  charge  of  the  late  company 
and  theire  officers  here;  and  yet  notwilhstandinge  have 
receaved  all  favour  and  encouragement  thereunto, 
which  hath  cjishartened  all  the  inhabitants  here,  It  is 
therefore  ordered  that  the  sayd  frenchmen,  togeather  Penalty, 
with  theire  families,  be  restrayned  and  prohibited  from 
plantinge  tobacco,  uppon  penahie  to  forfeit  theire 
leases,  and  imprisonment  untill  they  will  depart  out 
of  this  colony. 


ACT  XVII. 

AND  it  is  provided  and  ordered,  That  all  workers  Proportion  of 
uppon  corne  and  tobacco  shall  this  springe,  before  p]JnJeJJj,he 
the  25th  day  of  March,  plant  five  vyne  plants  per  pol,  inhabitants 
and  the  next  yeare,  before  the  first  day  of  March,  20 
per  pol,  uppon  penaltie  to  forfeite  one  barrell  of  corne 
for  every  one  that  shall  make  default,  halfe  to  be  to  Penalty  for 
him  that  shall  make  information  thereof,  and  the  other  nes  ec  ' 
halfe  to  publique  uses.     And  the  commissioners  for 
the  mounthlie  corts  established  in  divers  parts  of  this  How  inflicted, 
colony  shall  have  full  power  to  heare  and  determyne 
this  matter. 

W 


•>- 


LAWS  OF  VIRGINIA 


Council  and 
burgesses  to 
attend  divine 
service,  at 
beat  of  drum 

Penalty  for 
neglect. 

Duration  of 
this  act. 


ACT  XVIIL 

IT  is  ordered,  that  all  the  counsell  and  burgisses  ot 
the  assembly  shall,  in  the  morninge,  be  present  at  de- 
vine  service,  in  the  roome  where  they  sitt,  at  the  third 
beatinge  of  the  drum,  an  hewer  after  sun  rise,  uppon 
the  penaltie  of  one  shillinge  to  the  benefitt  of  the  mar- 
shall  at  James  Citty ;  and  y f  any  shall  absent  hiroselfe 
from  the  assembly,  to  pay  2s.  6d.  to  the  same  use ; 
and  yf  any  shall  after  neglect,  to  be  fined  by  the  whole 
bodie  of  the  assembly.  And  this  act  to  continue  in 
force  untill  the  assembly  shall  see  cause  to  revoke  it. 


Tobacco  not  to 
be  bartered 
for  goods  ex- 
cept for 
country  pro- 
duce, at  less 
than  6d.  per 
pound  on  the 
prime  cost. 


Penalty  for 
She  first  of- 
fence. 


For  the  sc- 
ond  offence. 


t'ot  the  3d 
>"fii»nrr 


ACT  XIX. 

AND  it  is  further  ordeyned  and  enacted  by  the  as- 
sembly, That  no  person  or  persons,  after  the  publica- 
tion or  notice  hereof,  doe  buy  or  cause  to  be  boughtj 
any  marchandize,  goods,  or  any  other  thinge  whatso- 
ever, exceptinge  cattle,  goates,  hoggs,  poultrey,  or 
any  houshould  stuffe,  corne,  hides  or  any  commodities 
that  is,  or  shall  be  raysed  here,  or  make  any  contract, 
bargayne  or  promise  for  the  havinge  or  buyinge  of 
the  same,  or  any  part  thereof,  in  exchange  for  the 
commoditie  of  tobacco,  directlie  or  indirectlie  allow- 
inge  under  the  rate  of  6d.  per  lb.  for  every  pound  of 
tobacco,  as  the  goods  first  cost  in  England,  bona  fide, 
uppon  penalty  to  have  or  suffer,  for  his  or  theire  first 
offence,  imprisonment  by  the  space  of  2  mounthes 
without  bayle  or  maynprize,  and  shall  also  loose  and 
forfeite  the  value  of  the  sayd  marchandize  or  goods 
soe  by  him  or  them  bought  or  had  as  aforesayd. 

And  yf  any  person  lawfully  convicted  or  attaynted 
of  and  for  the  sayd  offence,  be  thereof  agayne  lawful- 
ly convicted  or  attaynted  that  then  every  person  or 
persons  soe  offendinge,  shall  have  and  suffer  for  his 
second  offence,  imprisonment  by  the  space  of  one 
halfe  yeare  without  bayle  or  maynprize;  and  shall 
loose  duble  the  value  of  all  the  goods  and  marchan- 
dize soe  by  him  bought  or  had,  as  aforesayd. 

And  yf  any  person  beinge  lawfully  twice  convicted 
or  attaynted  of  and  for  the  sayd  offences,  and  the  third 
fyme  be  thereof  lawfully  convicted  and  attaynted,  that 


FEBRUARY,  1631-2— 7th  CHARLES  1st. 


162 


then  every  such  person  for  the  sayd  third  offence  shall 

be  sett  on  the  pillory  in  the  place  where  he  shall  then 

dwell  or  inhabite  and  loose  and  forfeite  all  the  goods 

and  cattle  that  he  or  they  have  to  theire  owne  use,  and 

also  to  be  committed  to  prison  there  to  remayne  dur- 

inge  the  governor's  pleasure  ;   Provided  that  the  com-  Limitation  of 

playnt  be  made  within  12  mounthes  after  the  fact  com-  theProsec«- 

mated. 


And  be  it  further  ordered,  That  the  commissioners 
at  the  mountlie  corts  in  all  places  of  the  country  now 
established,  shall  have  full  power  and  authoritie  by  ver- 
tue  of  this  act  to  enquire,  heere,  and  determyne  all  and 
every  the  defaults  and  offences  perpetrated,  committed 
and  done  contrary  to  this  act;  and  to  make  proces 
agaynst  the  offenders  as  the  governor  and  counsell  use 
to  doe  in  such  cases ;  Provided  alwayes,  that  the  sayd 
corts  doe,  in  this,  as  in  all  other  matters,  send  the 
true  coppies  of  theire  proceedinge  to  the  governor  and 
counsell  at  theire  next  sessions  of  theire  quarter  corts 
a<  James  Cittv. 


Commission- 
ers of  the 
monthly'courls 
to  hear  and 
determine     on 
the  abore  of- 
fences. 


Proceedings 
to  be  sent  to 
the  governo'. 
and  council, 


ACT   XX. 
The  first  of  March,  1G31 


W  HEREAS  nothinge  can  more  conduce  to  the 
welfare  of  this  colony,  then  that  some  efectuall  course 
be  taken  in  the  trade  of  our  tobacco,  as  well  to  mo- 
derate the  excessive  plantingea6 1>  devise  some  meanes 
for  better inge  the  qualitie,  It  is  ordeyned  and  assented 
by  the  Governor  and  Counsell,  togeather  with  the 
Burgisscs  of  this  present  Grand  Assembly,  That  every 
shipp  arivinge  in  this  colony  from  England,  or  anv 
other  parts,  shall,  with  the  first  winde  and  weather, 
sayleuppto  the  porte  of  James  Citty  and  not  to  unlade 
any  goods  or  breake  any  bulke  before  she  shall  cast  an- 
chor there,  uppon  payne  that  the  captayneandmayster 
of  the  sayd  shipp  shall  forfeite  the  sayd  goods  or  the 
value  thereof,  and  shall  have  and  suffer  one  mounthes 
imprisonment ;  the  one  halfe  of  which  forfeiture  shall 
be  to  him  or  them  that  will  or  shall  sue  for  the  same, 
in  any  cort  of  record  within  this  colony,  and  the  other 
halfe  to  publiquc  uses  to  be  yeaiTie  disposed  by  the 
\ssemblv 


Vessels  re* 
strir.ted   to  the 
port  of  James 
City. 


164 


LAWS  OF  VIRGINIA 


ACT  XXI. 


Limitation  m 
planting  to- 
bacco. 


BE  it  also  further  ordered,  That  no  planter  or  may- 
ster  of  a  famylie  shall  plante  or  cause  to  be  planted 
above  two  thousand  plants  per  pol,  and  that  those  that 
shall  not  plante  or  be  otherwiseimployed  shall  not  trans- 
l'err  or  make  over  theire  right  of  plantinge  unto  any 
other;  and  to  prevent  any  greater  quantities,  every  plan- 
terormayster  of  a  famylie  plantinge  a  cropp  of  tobacco, 
How  oforccd.  more  or  lesse,  shall  be  tyed  to  procure  one  of  his  neigh- 
bours or  some  sufficient  man  to  come  and  nomber  his 
or  theire  plants  of  tobacco,  who  will  uppon  his  oath  de- 
clare and  testifie  unto  the  commander  of  that  place,  be- 
fore the  tenth  day  of  July,  that  he  hath  counted  and 
nombred  the  sayd  plants,  and  shall  say  in  his  consci- 
ence the  iust  and  true  nomber  of  them,  which  thinge  yf 
the  sayd  planter  or  mayster  of  a  famylie  shall  neglect, 
or  that  the  nomber  of  the  plants  is  found  toexceede  the 
proportion  of  2000  per  pol,  then  the  commander  is  here- 
by to  present  it  to  the  next  mounthlie  cort,  and  the 
commissioners  thereof  shall  give  present  order  to  have 
all  that  whole  cropp  of  tobacco  cutt  down  under  payne 
of  imprisonment  and  censure  of  the  governor  and 
counsell  and  grand  assembly  yf  they  neglect  the  ex- 
ecution thereof.  Also  uppon  the  neglect  of  the  com- 
mander, he  shall  be  censured  in  like  manner. 


How  many 
leaves  to  a 
plant  of  to- 
bacco to  be 
gathered. 

Penalty  and 
how  inflicted. 


ACT  XXIL 

IT  is  likewise  enacted,  That  no  person  shall  tend, 
or  cause  to  be  tended,  above  14  leaves,  nor  gather  or 
cause  to  be  gathered  above  9  leaves  uppon  a  plant  of  to- 
bacco ;  and  the  several  commanders  shall  hereby  have 
power  to  examine  the  truth  thereof;  and  yf  any  offend, 
to  punish  the  servants  by  whippinge,  and  to  bind  over 
the  mayster  unto  the  next  quarter  cort  at  James  Citty 
to  be  censured  by  the  governor  and  counsell. 


ACT  XXIII. 

No  seconds        IT  is  ordered  and  ordeyned,  That  no  person  shall 
ro  be  tended,      tend,  or  cause  to  be  tended  any  slipps  of  old  stalkes  of 
tobacco,  or  any  of  the  second  cropps,  upon  the  forfei- 
ture of  the  whole  cropp,  whereof  halfe  to  be  to  the  in- 
former, and  halfe  to  publique  uses  as  aforesayd. 


FEBRUARY,  1631-2— 7th  CHARLES  1st. 
ACT  XXIV. 


ltf» 


AND  it  is  further  ordered  and  enacted,  That  all  to-      Tobacco  to 

bacco,  shall  betaken  downe  before  the  end  of  Novetn-  !?e  stl!uck  !?e 

,  ,  ii-ii  .  'ore  the  endot 

ber,  or  else  not  to  be  adiudged  or  accounted  mar-  November. 
chantable. 


ACT  XXV. 

AND  whereas  these  orders  concerninge  tobacco  are 
of  soe  difficult  a  nature  that  all  inconvenyencyes  cannot 
possibly  be  foreseene,  yf  therefore  any  mischiefe  shall 
ensue,  and  that  complaynt  thereof  be  made  by  any  five 
or  more  of  the  burgisses  of  this  assembly,  the  gouve- 
nor  signified  unto  them  that  he  will  for  remedie  there- 
of, with  all  conveniencye  summon  an  assembly  to  con- 
sult and  treat  thereuppon. 


Assembly  to 
be  called,  to 
regulate  the 
planting  of 
tobacco,  if  the 
foregoing  laws 
be  found  de- 
fective. 


ACT  XXVI. 

AND  it  is  further  ordeyned,  That  yf  any  marchant 
or  any  other  person  whatsoever,  shall  hereafter  make 
complaynt,  unto   the  governor  of  the  place,  that  any 
tobacco  tendered  unto  him    or   them,  from  or  by  any 
planter  or  person  in  Virginia,  is  not  good  and  mar- 
chantable,  then  the  sayd  commander  is  hereby  required 
uppon  penaltye  of  being  disabled  frombearinge  any  of- 
fice in  this  colony  for  one  whole  yeare  and  further  cen- 
sure of  the  governor  and  counsell,  to  make  choyce  of 
two  sufficient  men  whom  he  shall  by  word  of  mouth,  or 
warrant  under  his  hand,  require  to  vewe  the  sayd  to- 
bacco and  uppon  oath  to  deliver  unto  him  the  goodnes 
or  badnes  thereof;  and  to  cause  the  same  to  be  burnt, 
yf  it  be  not  found  marchantable;  but  yf  any  person  or 
persons  shall  refuse  to  vewe  the  sayd  tobacco  and  ac- 
cordinglie  to  declare  the  quallitie  thereof  uppon  oath, 
then  it  is  ordered  that  the  sayd  commander  shall  bynd 
over  the  sayd  person  or  persons  to  answer  theire  con- 
tempt at  the  next  quarter  cort  before  the  governor  and 
counsell 


Penalty  io; 
passing  bad 
tobacco. 


How  tin. 
quality  to  be 
ascertained. 


Viewers  refus 
ing  to  act, 
how  punished 


166 


LAWS  OF  VIRGINIA. 


What  quantity 
of  corn  to  be 
tended. 


ACT  XXVII. 

ITis  likewise  ordered,  That  every  man  workinge  in 
the  ground,  shall  plant,  or  cause  to  be  planted,  and 
sufficientlie  tended,  this  yeare,  at  the  least  two  acres  of 
corne  per  pol,  uppon  penaltie  of  forfeiture  of  their 
whole  cropp  of  tobacco,  yf  uppon  vewe  thereof  they 
shall  be  found  deficient. 


For  preven- 
tion of  fore- 
stalling and 
ingrossing ; 

Captain  of 
every  vessel 
to  deliver  a  list 
of  all  persons 
on  board. 


Commander 
of  the   fort  to 
administer 
the  oaths  of 
supremacy  &, 
allegiance. 


Proclamation 
commanding 
the  capt.  to 
sail  with  the 
first  wind  to 
James  City. 


ACT  XXVIII. 

IT  is  ordered  by  the  Grand  Assembly ,  lor  the  preven- 
tion of  forestallinge  the  markelt  and  ingrossinge  ol 
comodities,  and  other  inconveniencyes,  that  the  present 
commander  of  the  fforte  at  Poynt  Comfort,  uppon  the 
arrivall  of  any  shipp  or  shipps  shall  immediatelie  make 
his  repayre  aboard  and  there  require  the  commander, 
captayne  or  mayster,  of  the  shipp  or  shipps,  to  deliver 
unto  him  a  true  list  of  all  such  persons,  which  were  im- 
barqued  in  theire  shipp,  at'  theire  coming  out  of  Eng- 
land, togeather  with  theire  ages,  countryes  and  townes 
where  they  were  borne,  and  to  keepe  record  of  the 
same ;  and  he  the  sayd  commander  of  the  ffort,  to  admy- 
nister  unto  them  the  oathes  of  supremacy,  and  allege- 
ance,  which  yf  any  shall  refuse  to  take,  that  he  committ 
him  to  imprisonment.  And  it  is  further  ordered,  that 
the  sayd  commander  of  the  fforte  there  read  and  fixe  at 
the  mayne  mast  of  the  shipp  or  shipps  a  proclamation 
as  folio weth,  to  wit  : 


ACT  XXVIII. 

"TO  the  captaynes,  maysters  and  commanders  ot 
"  any  shipp  or  shipps  ariveinge  -at  the  fforte  at  Poynt 
"  Comfort,  I  sir  John  Harvey,  knight,  governor  and 
"  captayne  generall  of  Virginia,  send  greetinge,  These 
"are  in  his  majesties  name  to  will  and  require  you 
"  and  straightlie  to  charge  h  command  you  accord- 
'•  inge  to  the  instructions  and  directions  unto  me  and  the 
"  counsell  of  state,  from  the  right  honorable  the  lords  of 
•'his  majesties,  most  honorable  priv3e  counsell,  And 
accordinge  to  an  act  of  the  Grand  Assembly,  that 
"  with  the  first  wynd  and  weather  you  sayle  directlie 
'•  to  the  porte  of  James  citty,  and  that  you  unlade  no 
"  goods,  nor  breake  any  bulke  nntill  you  shall  come 


a 


FERRUARY.  1631-2— ?th  CHARLES  1st.  16; 

an  anchor  there,  uppon  payne  of  the  losse  of  the 
goods,  and  one  mounthes  imprisonment.  Given  at 
James  Citty,  the  1st  of  March,  1631." 


ACT   XXIX. 

JTis  ordered,  That  no  person  or  persons  shall  dare  None  io  speak 
to  speake  or  parlie  with  any  Indians  either   in  the  or  i)ar]fy  Wlth 

',  .  *       .  .  -j. .  ..  ,  ,    the  Indians. 

woods  or  in  any  plantation,  yf  he  can  possibly  avoyd 
it  by  any  meanes,  but  as  soone  as  he  can,  to  bringe  them 
to  the  commander,  or  give  the  commander  notice  there- 
of uppon  penalty  of  a  mounthes  service  for  any  free 
man  ofiendinge  and  twenty  stripes  to   any  servant. 
But  for  the  planters  of  the  Easterne  Shoare,  the  com-  PenaI,.v  ' 
manders  are  required  to  observe  all  good  termes  of 
amitie ;  but  that  they  cause  the  planters  to  stand  up- 
pon theire  guard,  and  not  to  suffer  the  Indians  espe-  Exception  in 
cially  the  Mattawombes  to  make  any  ordinarie  resort  f^Je"sf^he 
or  aboade  in  theire  houses,  and  yf  any  English  with-  Eastern  shore 
out  leave  resort  unto  theire  townes,  the  commanders 
*o  bynd  them  over  to  the  next  quarter  port, 


ACT  XXX. 

THE  statutes  for  artificers  and  wovkemen  are  thought  Stat.  I,  Ja.c. 
to  be  published  in  this  colony,     (l  Ja.cobi  c.  6.)       JSgJ'Sl 


workmen. 


ACT  XXXI. 


AND  the  lawes  of  England  agaynst  drunkards  are  Laws  0f  En* 

thought  fitt,  to  be  published  and  dulic  put  in  execution,  land  against 

that  is  to  say,  for  every  oflencc  to  pay  five  shillings  to  b™publi?hert. 

the  hands  of  the  church  wardens,  and  further  as  is  Penalty, 
conteyned  in  the  statutes  of  the  4th  of  kinge  James 
and  the  5th  chapter. 


ACT   XXXII. 

AND  it  is  thought  Jilt,  That  whosoever  shall  sweare      Penalty  for 
an  oath  shall  pay  for  every  oath  one  shilling,  as  is  or-  swrarin^ 
ried  bv  the  statute,  &C 


16H 


LAWS  OF  VIRGINIA. 


Monthly 
courts   estab 
lished,  as  by 
a  former  law. 


Form  of  the' 
commission, 
to  the  com- 
missioners of 
monthly 
courts. 


ACT  XXX1I1. 

ACCORDINGE  to  the  former  orders  of  the  assem- 
bly the  5th  of  March,  1623,  and  of  the  governor  and 
counsell,  It  is  thought  fitt  and  according! ie  ordered 
that  the  mounthlie  corts  be  held  and  kept  in  remote 
parts  of  this  colony  :  vizt. 

ffor  the  upper  parts  ;  for  Warvvicke  River  ; 
ffor  Warrosquyoake  ;  for  Elizabeth-Citty  : 
ffor  Accawmacke. 

The  Commission  for  the  upper  parts  followeth,  vizt. 

"  To  all  to  whome  these  presents  shall  come,  I  Sir 
John  Harvey,  Knt.  governor  and  captayne  generall  of 
Virginia,  send  greetinge  in  our  Lord  God  everlastinge. 
Whereas  for  the  greater  ease  of  the  inhabitants  in  di- 
vers parts  of  this  colony,  and  for  the  better  conserva- 
tion of  the  peace,  and  due  execution  of  such  lawes  and 
orders,  as  are  or  shall  be  established  for  the  govern- 
ment of  the  peuple,  and  the  inhabitants  of  the  same. — 
The  governor  and  councell  togeather  with  the  assem- 
bly, have  thought  fitt,  and  accordinglie  ordered  and 
appoynted  that  theire  shall  be  mounthlie  corts,  and 
oftener  uppon  extraordinarie  causes  requiring  and 
agreed  uppon  by  the  maior  part  of  the  comissioners. 
held  and  kept  in  some  of  the  remote  plantations. 

"  Nowe  knowe  yee,  that  accordinge  to  the  sayd 
orders  these  persons  whose  names  are  here  inserted  are 
for  the  tyme  beinge  assigned  and  appoynted  to  be  the 
present  comissioners  of  and  for  the  upper  parts  with- 
in the  precincts  of  Charles  Citty  and  Henrico,  William 
ffarrar,  Esqr.  Capt.  flrancis  Epes,  Captayne  Thomas 
Pawlett,  Captayne  Thomas  Osborne,  Thomas  Palmer 
gent.  Walter  Aston,  gent,  which  sayd  comissioners,  or 
any  fowre  of  them,  whereof  Mr.  William  ffarrar  to  be 
alwayes  one,  shall  hare  power  and  authoritie  to  here 
and  determine,  all  such  suites  and  controversies  be- 
tweene  partie  and  partie,  as  exceede  not  the  value  of 
five  pounds  stirlinge  ;  and  farther,  that  they  take  into 
their  cares,  matters  of  petty  offences,  the  conservation 
of  the  peace,  the  quiett  government  of,  and  safetie  of 
the  people  there  residing  or  beinge ;  and  that  all  or- 
ders, and  proclamations  be  kept  and  observed,  and  ac- 
cordinge to  the  same,  and  as  neere  as  may  be,  accord- 


FEBRUARY,  1631-2— 7 ill  CHARLES  1st.  109 

inge  to  the  lawes  of  the  realme  of  England,  to  inflict 
punishment,  uppon  the  offenders  and  delinquents,  and 
to  doe  and  execute,  whatever  a  justice  of  peace,  or  two 
or  more  justices  of  peace  may  doe,  such  offences  oulie 
excepted,  as  concern*  the  taking  away  of  life  or  mem* 
bers  ;  Provded  ahvayes  that  it  shall  and  may  he  lawful; 
for  the  plaintiff  or  defendant,  in  any  suite  before  the 
sayd  commissioners  dependi'nge  either  before,  or  after 
judgment,  yf  it  be  before  execution  awarded,  to  appeale 
to  the  cort  of  James  Cittv  there  holden  bv  the  cover- 
nor  and  counsell.  And  thev  are  hereby  required  from 
tymeto  tyme,  tokcepe  records,  of  all  judgments,  orders, 
and  other  matters  of  moment,  as  by  them  shall  be  con- 
cluded and  agreed  on.  And  this  comission  to  conti- 
nue in  force  until]  I  by  my  comission  under  the  seale 
of  the  colony  shall  signifie  the  contrarie.  Given  at 
James  Citty,  the  first  day  of  March,  1631,  and  in  the 
seaventh  yeare  of  the  raigne  of  our  soveraigue  Lord 
Charles,  by  the  grace  of  God  of  England,  Scotland, 
France  and  Ireland,  tinge,  defender  of  the  faytb,  and 
in  the  25th  yeare  of  this  plantation. '' 

It  is  thought  jitt,   that   the  comissioners  shall  take   OhIi  of  com 
this  oath  as  followeth,  vizt.     "  You  shall  sweare  as  a  m'ssi0»u'l"s- 
comissioner  for  the  upper  parts,  within  the  precincts  of 
Charles  Citty  and  Henrico,  accordinge  to  the  articles 
of  the  comission  directed  unto  you,  by  the  governor, 
you  shall  doe  equall  right,  to  the  poore  and  to  the  rich 
after  your  cuuninge,  witt,  and   power,  and  after  the 
lawes  and  customes  of  this  colony,  and  as  neere  as  may 
be  after  the  lawes  of  the  realme  of  England  and  statutes 
thereof  made,  you  shall  not  be  of  counsell  in  any  case 
orquarrellhanginge  before  you,  and  that  you  hold  your 
corts  accordinge  to  the  sayd  comission,  you  shall  not  lett 
for  guift,  or  other  cause,  but  well  and  trulie  you  shall 
doe  your  office  of  comissioner,  sot  helpeyou  God,  &ic." 

The  like  comission  to  be  drawen  mutatis  mutandis  Commissiou- 
for  Warwicke  river.  These  comissioners  Capt.  Samuel  '^.i "';,,,.. ■" 

wick  i  tvei . 

Mat  hewn,  E-q.  quor.  Capt.  Richard  Stephens,  Esq. 
quor.  Capt.  Thomas  Fflyut,  John  Brewer,  gent.  Za- 
charie  Cripps,  gent.  Thomas  tieely   gent. 

warrosquyoake. 

Capt.  Nath.  Basse,  Esq.  quor.  Thomas  Jorden,  gent.   For  IVarros- 
Richard  Bennett,  gent.  Win.  Hutchinson,  gent.  John  1«v«»i» 
Upton,  gent. 

X 


no 


LAWS  OF  VIRGINIA. 


For  Elizabeth 
City. 


For  Acco- 
mack. 


ELIZABETH  CITTY. 

Capt.  Wm.  Tucker,  Esq.  quor.  Wm.  English,  gent. 
Capt.  Thomas  Purifir,  Esq.  quor.  George  Downes, 
gent.  Capt.  Thomas  Willowby,  John  Arundell,  gent. 
Adam  Thoroughgodd,  gent. 

ACCAWMACKE. 

Capt.  William  CJayhovrne,  Esq.  quor.  Obedience 
Robins,  gent.  Capt.  Thomas  Grayes,  quor.  John  Howe, 
gent.  Cnpt.  Edmond  Scarborough,  quor.  Roger  Saun- 
ders, gent.  Charles  Harmar,  gent. 


IWeflenTs  es- 
tates   to  lie  aj>- 
p  fused  in 
money. 


ACT  XXXIV. 

IT  is  thought  fitt  and  accordinglie  orderd,  That  there 
be  a  publication  made  that  all  estates  of  any  deceased 
persons,  be  appraysed  after  the  rates  of  money  and  not 
in  tobacco  as  hath  beene  accustomed  heretofore. 


Mon»h!yrot'rls 
to  prescribe 
pnuisi  in-  nt 
foi  taking 
awai  boats, 
canoes,  k. 
weirs. 


ACT  XXXV. 

IT  is  thought  fitt,  That  the  mounthlie  corts,  doe  as 
in  their  discretions  they  see  fitt,  strictlie  doe  right 
agaynst  such  persons  as  shall  take  away  or  loose  any 
other  mens  boates  or  cannoes,  or  shall  take  away  any 
wares,  because  of  the  great  damage,  that  may  ensue, 
uppon  such  trespasse,  and  wronge. 


ACT  XXXVI. 

Contents  of  a         IT  is  ordered,  That  a  barrel]  of  come  shall  be  ac- 
barrelof  corn.   colinU,(l  flve  bushells  of  Winchester  measure,  that  is  to 
sa\,  40  gallons  to  the  barrel!, and  that  thecomissioners, 
for  the  mounthlie  corts  throughout  the  colony,  doe  take 
Sealed  barrels   order  and  see  that  sealed  barrells  are  made  and  sealed 
to  be  kept.         with  this  scale  as  in  the   margent,   [AG]    which   seale 
they  are  to  keepe,  and  uppon  request  to  seale  such  bar- 
rells, and  bushells.  as  shall  be  brought  unto  them. — 
Penalty  for       And  be  it  orde.yn.ed  and  established,  That  whosoever 
unsealed   sjla]j  ,lse  or  cause  to  be  used  any  unsealed  barrel's  or 
bushells  after  the  feast  of  St.  John  Baptist,  next  ensue* 
inge,  shall  forfeit  13s.  4d.  and  sett  on  the  pillorye  and 


FEBRUARY,  1611-2— 7th  CHARLES  1st.  171 

the  measure  and  barrel!  deficient  shall  be  broken  or 
burnt.     And  for  defective  weights,  it  is  ordayned  that   And  defective 
the  offender  shall  be  punished  according  to  the  statute  weSbte- 
in  that  case  provided. 

ACT  XXXVfl. 

The  2d  of  March,  1031. 
THE  Assembly  doth  order  and gr aunt \  That  there  Compensation 
be   payd  out  of  the   gpnerall    Ievey  unto  Cant.  Mar-   V'. ca?1' .. 
shart  s  attorney  in  full  for  the  earraiges  tor  the  ordi- 
nance, 1375  lb.  of  tobacco.      And  likewise  in  conside-   Alsoadona- 
ratiun  of  the  good  service  done,  by  the  sayd  Captain   'l0" to  l,ls  wife 

M        i       *.  .     .1'  1  i*r  i  •         &•  children. 

JMarshartt  to  this  colony,  and  to  relieve  the  necessities 
of  his  wife  and  children,  the  Assembly  doth  give  as  a 
gratuitie,  to  be  sent  unto  her,  4500  lb.  of  tobacco,  to 
be  payd  the  next  cropp. 

ACT  XXXVIII. 

IT  is  ordered.  That  the  Governor  and  Counsell,  shall  No  taxes  to  be 
not  lav  anv  taxes  or  impositions,    uppon   the  colony,   '"d.nythe 

■«        »  ..  governor  ql 

theire  laud,  or  comodities,  otherwise  than  by  the  autho-  council ;  but 
ritie  of  the  Grand  Assembly,  to  be  levyed,  and  ymploy-  b>;  authority 
ed,  as  by  the  Assembly  shall  be  appoynted.  sembly^" 


ACT  XXXIX. 

THE  Assembly  allowed  of  these  publique  chardges  Appropriation 
followioge,  vizt.  law. 

lb.  Tobacco. 
Imprimis,  to  Capt.  Michacll  Marshartt  5875 

Capt.  Mathewes  for  the  ffort     103000 
Capt.  Peirce  he  beinge  to  shew 

account  -  -       007351 

Capt.  Sat/re  and  to  shew  the  ac- 
count -  -  1CS0 
Doctr.  Pott  he  beinge  to  shew 

the  account       -  -  3400 

Capt.  Osborne  for  lead  0150 

ffor  Buffc  Coates  -  0800 

Win.  Kcmpe  for  shott         -  0100 

Capt.  Mathews  for  Robt.  Watch- 
ingsayle  -  -  0500 

Sum  ma  Totalis         122856 


172  LAWS  OF  VIRGINIA, 

ACT  XL. 

Governor  not         THE  Governor  shall  not  withdrawe  the  inhabitants 

theinhai.Uants  ^loin  tne"'e  private  labours,   to   service   of  his    own, 

from  tiu-ir         uppon  any  coullor  whatsoever.     And  in  case  the  pub- 

private  la-         linne  service  require  imployments  of  many*  hands,  be- 

own  service.       ^ore  ^ie  houldinge  of  a  Grand  Assembly,  to  give  order 

for  the  same,  in  that  case  the  levyinge  of  men  shall  be 

Exception,        done  by  order  of  the  Governor,  and  whole  bodie  of  the 

Counsell,  and  that  in  strch  [manner]  as  to  be  the  least 

burthensome  to  the  people,  and  most  free  from  partia- 

litie,  (sudden  incursions  of  the  Indians,  and  such  like 

cases  excepted.) 

And  whereas  many  occasions  doe  happen  wherein 
the  Governor  is  to  imploy  boates  and  hands,  It  is 
thought  fitt  five  or  six  sufficient  men.  shall  be  provid- 
ed on  purpose,  and  they  to  be  allowed  maynleynancr- 
from  the  Governor, 


ACT  XLI. 

Privileges  of  ALL  the  old  planters  that  were  here  before,  or  came 

»crs0t  P  ^  *n  at  tne  'ast  cominge  of  Sir  Thomas  Gates,  shall  be 
exempted  from  theire  personable  service  in  the  warrs, 
and  any  publique  charge  (church  duties  excepted)  that 
beionge  particularly  to  theire  persons,  not  exemptinge 
theire  families  except  such  as  shall  be  comander  inchcife. 


ACT  XLII. 

Btirgesses  fto  Burgisses  of  the  General!  Assembly  shalT  be  ar- 

from  arrests.  ''ested  dnringe  the  tyme  of  the  Assembly,  a  wceke  be- 
fore or  a  weeke  after,  uppon  pa\ne  of  the  creditor's 
forfeiture  of  his  debt,  and  such  punishment  uppon  the 
officer  as  the  cort  shall  award. 


ACT  XLII1. 

Forstailing  &         THE  statutes  and  lawes  of  England  agaynst  fore- 
engros&iojr.       stallers,    and  engrossers,  to  be  made  known  and  exe- 
cuted in  this  colony 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  173 

ACT  XLIV. 

EVERY  private  planter's  devident,  shall  be  survey-  Lands  to  be 
ed  and  layd  out  in  several!,  and  the  bounds  recorded   surveyed 
by  the  surveyor,  and  yf  there  be  any  petty  differences 
betwixt  neighbours  about  theire  devidents,  to  be  dcsi- 
ded  by  the  surveyor,  yfof  mayne  importance  to  be  re- 
fered  to  the  Governor  and  Counsell. 


ACT  XLV. 
FFOR   encouragement  of  men    to    plant   store  of  Pi  ice  of  com 
corne,  the  prize  shall  not  be  stinted,  but  it  shall  be  free  J]'^!^* 
for  every  man  to  sell  it  as  deere  as  he  can.     And  the 
reason  hereof  is  contrary  to  the  president  of  other  coun- 
tries, and  kingdoms,   for  none  are  so  poore  heere,   as 
that  they  may  not  have   as  much  corne,  as  they  will 
plant,  havinge  land  enough. 


ACT  XLVI. 

ALL  trade  with  the  Savages  prohibited,  as  well  Trade  with  tfa 

.  ■•  •  Indians  pro- 

pubhque  as  private.  hibited<  F 


ACT  XLVII. 

NOE  man  shall  goe  or  send  abroade  without  a  suf-  Precaution  as 
ficient  party  well  armed.  tobeingarme* 


ACT   XLV1L1. 

NOE  man  shall  goe  to  worke  in  the  grounds  with-  Arms 
out  theire  amies,  and  a  centinell  uppon  them. 


ACT   XLIX. 

THERE   shall  be  due  watch  kept  by  night  where  Watch, 
neede  requires. 


ACT  L. 

NOE   commander  of  any    plantation,    shall  either  Powder  &sho* 
himselle     or    suffer    others    to    spend   powder    unne- 
cessarilie,   that  is  to  say,    in  dringinge  or  enterteyn- 
rnents. 


174 


LAWS  OF  VIRGINIA, 


To  go  armed 
to  church. 


ACT  LI. 

ALL  men  that  are  fittinge  to  beare  armes,  shall 
bringe  their  peices  to  tlie  church  uppon  pa\neof 
every  effence,  yf  the  mayster  allow  not  thereof  to  pay 
2  lb.  of  tobacco,  to  be  disposed  by  the  church-wardens, 
who  shall  levy  it  by  distresse,  and  the  servants  to  be 
punished. 


Obedience 
to  superiors. 


Adjoining 
plantations 

to  assist,  upon 
ilaims. 


ACT  LII. 

NOE  person   within  this  colony  uppon  rumour  of 
supposed    change   and   alteration  shall  presume  to  be 
disobedient  to  the  present  government,  nor  servants  to 
their  private  officers,   maysters  and  overseers,  at  their 
uttermost  perills. 


ACT  LIIL* 

THE  ioyninge  plantations,  to  assisst  the  fronteirei 
or  their  neighbours,  uppon  alarums,  the  default  to  be 
severelie  censured,  and  false  alarums  punished. 


?vo  hides  to  be 

'■snorted. 


ACT  L1V. 

IT  is  ordered,  That  no  cowe  hides,  oxe  hides,  bull 
hides,  goate  skyues,  deer  skynes,  or  other  hides,  or 
skynes  whatsoever,  be  sent  or  carryed  out  of  this  co- 
lony uppon  forfeiture  of  thrice  the  value,  whereof  the 
one  halfe  to  the  informer,  and  the  other  halfe  to  pub- 
lique  uses. 


terms  of  the 
<iu;t!  t<  rly 
com  ts  at 
James  Cky 


Commanders 

Jo  exercise 
their  u.en  at 
stat"'1 


ACT  LV. 

IT  is  established  and  appoynted,  That  the  fowre 
quarter  corts  shall  be  held  at  James-Citty  yearlie,  as 
followeth,  vizt.  uppon  the  first  day  of  September,  the 
first  day  of  December,  the  first  of  March,  and  the  first 
day  of  June. 


ACT  LVI. 

ITis  ordered  and  appoynted,  That  the  comanders  of 
all  the  severall  plantations,  doe  upon  holy  days  exer- 
cise the  men  under  bis  comand,  and   that  the  coman- 


There  is  no  act  numbered  T,1H  in  the  manuscript 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  175 

ders  yearlie  doe  likewise  uppon  the  first  day  of  Decern-  perioHs-^and 
ber,  take  a  muster  of  theire  men,  togeather  with  the  ^.,",u' ..Vth, 
women  and   children,  and  theire  aires,  countries,  and   inhabitants 
towns,  where   they    were  borne,  with  the  shipps.  they 
came  in,  and  the  yeare  of  the  Lord,  as  also  of  amies 
and    munition,   come,  cattle,  hoggs,  goates,  barques, 
boates,  gardens,  and  orchards,  and  yf  they  shall  make 
default,  to  be  censured  by  the  Governor  and  Counsell. 


ACT  LV1I. 

The  third  of  March,  1631. 


IT  is  agreed  uppon  bij  the  Grand  Assembly,  That   ^or'  at  1Vl»t 
Capt.  Samuel  Mathwes,  when  he  hath  finished,  and  per- 
fected, the  worke  at  the  flbrt  at  Poynt  Comfort,  shall 
give  notice  to  the  comissioners   for  that  purpose,  that 
they  may  viewe  the  worke. 


ACT  LVIII. 

IT  is  further  agreed,  That  Capt.  Samuel  Matheives,  Guard  at  Point 
shall  leave  6   sufficient  men  thereon   for  a  guard,  and 
that  he  shall  receive  satisfaction  for  them,  of  the  coun- 
try, until  such  tyme  as  it   can  be  otherwise  provided 
for. 


ACT  LIX. 

THAT  the  inhabitants  about  the  corporation  of  James  Carriages  foi 
Citty,  with  the  ayde  of  the  Burgisses  thereof,  shall 
with  all  convenient  speed  that  may  be,  remove  the  car- 
riadges  for  the  ordinance,  into  some  dry  place  to  pre- 
serve them  for  the  decayinge  of  the  weather,  or  other- 
wise. 


ACT  LX. 


IT  is  thought  fitt^  That  no  boates  be  permitted  to  goe  size  and  con 

and  trade  to  Canida,  that  be  not  of  the  burden  of  ten  Jtruct'°n<>f 

taon.es,  and  nave  a  llu*h  deake,  or  titled  with  a  gratinge  to  Canada 
and  a  trapaulinge. 


-176 


LAWS  OF  VIRGINIA, 


Commanders 
to  full  upon  the 
Indians,  found 
lurking  about, 
or  molesting 
hogs,  &C. 


ACT   LXI. 

FFOR  the  Indians  we  hould  them  our  irrecosile- 
able  enimies*  thought  jitt,  That  yf  any  Indians 

doe  molest  or  offend  hoggs,  or  any  thing  pise,  or 

that  they  be  found  lurkinge,  then  the  comanders 

shall  have  power  by  vertue  of  this  sufficient  par- 

tie  of  men,  to  fall  out  uppon  them.     And  shall 

finde  occasion. 


•Certain  duty 
on  vessels. 


ACT  LXII. 

EVERY  vessell  or  shipp  cominge  out  of  the  ocean, 
shall  until!  further  order  he  taken  therein, 

shall  pay  after  the  rate         of  gun  powder,  and  ten  iron 
shott  for  every  hundred  tunns  the  fort  at  Poynt 

Comfort,  and  so  to  be  accounted  proportionably 
bigger  or  lesser. 


Sufficient 
'."ences. 


Secretary  s 
fees. 


Marshal's  fees. 


ACT  LXIII. 

EVERY  man  shall  enclose  his  ground  with  suffici 
ent  fences  uppon  theire  owne  perill. 


ACT  LXIV. 

THE  secretaries  fees  shall  be  as  followeth,  vizt. 

ffor  a  warrant         -         -         05  lb.  Tobacco. 

ffor  a  passe  -         -         10 

ffor  a  freedom  20 

ffor  a  commission  of  adminst.  20 

ffor  a  patent, 

ffor  recording, 

ffor  an  order  of  cort. 

An  yf  the   secretary  shall  desire  it  he  may  require 
for  every  here   mentioned,  one  bushel  of 

come. 

The  Marshalls  fees  shall  be — 

ffor  an  arrest         -         -         10  lb.  Tobacco, 
ffor  warninge  to  the  cort  2 

*  In  this  and  a  few  succeeding  chapters  a  few  words  are  not  legible 
in  the  manuscript — but  they  arc  inserted  in  similar  acts  passed  at  the 
rext  session. 


FEBRUARY,  1631-2— 7th  CHARLES  1st.  177 

10  1b.  Tobacco. 


,        .                  C  comnitre  in  10 

Imprisonment    <  ,n 

r                      (  goinge  out  10 

Layinge  by  the  heeles  -            5 

Whippinge  ) 

Pillory        >  10 


Duckinjre 


Tlie   prisoner  lyinge  in   prison,  )  e 

marshall's  attendance  p  t  day  ) 
ffor  every  5  lb.  of  tobacco  the  niarshall  may  require  1 
bushel  of  come. 


ACT  LXV. 

BESIDES  the  103000  of  tobacco  afore  allotted  to  Further  aW 

be  payd  to  Captayne  Samuel   Mathewes,  It  is  agreed  lowanottp 

and  graunted,    that  halfe  a  bushel  of  come  for  e*>ery  Jhew's. 
titheable  person  be  payd  unto  the  said  Capt.  Matthewes, 


toireather  with  the  tobacco. 


ACT  LXVI. 

ALL  former  acts  and  orders  made   heretofore  by  All  former  act?. 

any  Assembly  to  be  held  and  accounted  repealed  and  repealed 
of  none  effect. 


ACT  Lxvri. 

IT  is  ordered,  That  the  22d  day  of  March  be  yeare-  The22dof 

lie  kept  Holyday  in  comemoration  of  our  deliverance  March  to  be 

from  the  Indians  at  the  bloodie  massaker  which  hap-  Jeivedasa 

pened  tippou  the  22d  of  March  1G21.  holiiday. 


ACT  LXVIII. 

L ASTLIE,  It  is  ordered,  That  these  acts  and  ordi- 
nances be  published  throughout  this  colony,   and   the 
cotnissioners,   for  the  mounthlie  corts  doe  at  the  be-   How  theseacts 
g'tnninge  of  theire  corts  always  read   or  cause  to  be  |jghee<jfu 
read,  all  these  acts,    and  that  true  coppies  thereof  be 
k*j)i  in  the  corts  allbrded  to  be  read  by  all  that 

shall  desire  the  same. 


The  Burgisses  were  dismissed   the  6th   of  March,   Adjournment 

1631-2  of  the  legisla* 

Y 


ture- 


CITft  h  V 


m& 


IheSws*10*   gulden    at  James    Cittt  the  4th  day  of  Sep 

TEMBER,    1632. 


ITThe  MS. 
from  which  the 
acts  of  this 
gpssion  were 
printed;  is  now 
m  die  Library 
of  Congress  at 
Washington. 


[From  a  MS."  belonging  to  Thomas  Jefferson,  Presi- 
dent of  the  United  States,  and  purchased  by  him  ivith 
the  library  of  Peyton  Randolph,  of  his  executors.'] 

BEINGE   present  Sir  John  Harvey..   Knight  Go- 
vernor, &x. 

Capt.  ffrancis  West,         Capt.  Richard  Stephens. 
Capt.  John  West,  Capt.  Thomas  Purife. 

Capt.  Sam.  JWathewes,     Capt.  Wm.  Peirce, 
Capt.  Wm.  Claijborne,     Capt.  Wm.  Perry, 
iVlr.  Wm.  ffarrar. 

The  names  of  the  Burgisses  were,  vizt: 

ilbr     Arrowhattoekes,    the }  ^     .    rr>i  ,^  , 

i        ,t       io    r<    i       (■  Capt.  ihomas  Usborne. 
neeke  of  JLand  &  Corles  \       r 

nor  Shirley  Hundred  Mayne  >  m   ^  ^  ^ 

Si  Gawseyes  Care  ) 

ffor  Shirley  Hundred  Hand — Mr.  Cheyney  Boys. 

fforWestover  &  fllovverdue  Hundred — Mr.  John  flludd. 

ffor  We3'anoake — Mr.  Richard  Coxe. 

Ilbr  Checohominey — Mr.  Bridges  flreeman. 

tlbrSmvthes  mount  and  Pe- )  ,T     T  ,     c        . 
o  >  Mr.  Jolin  bmyth. 

r\es  Poyiit  )  J 

ilbr  James  Citty  Island — Mr.  John  Jackson, 
ilbr  Pasbeyhoigh — Mr.  John  Corker. 
ffor  the  Necke  of  Laud — Seir  Thomas  Crumpt. 
ffor  Gleabe  Land  St  Archers  ^  Roger  Webster, 
Hope  \  Henry  Deney. 

ffor  over  the  water:  agaynst  \  M     R.  .      ,  ^     . 
James  Citty  ^  Mr*  K,c,,a,tl  «*»»«*. 


SEPTEMBER,  1632 — stli  CHARLES  1st.  '  7" 

rtbr  Hogg  Hand — Mr.  Richard  Tree. 

,.      ,,  D  (  Mr.  John  Browningc 

(for  Mounts  Bay  J  ^  John  Warehan* 

~     »,      •       ri      ,      .  (  Mr.  Rab't  Seofchmoiv 

for  Martins  Hundred  J  ^  PercivaI1  Wootl< 

/r      »»   ii         ii      i  ^  Mr.  Thomas  Harwood. 

nor  Mulbury  Hand  <  Ar     rr,,  u 

J  (  Mr.  1  nomas  Bennett. 

—  „      ,      wt      »     i  ^  Mr.  Thomas  Barnett, 
ffor  Stanley  Hundred  |  Capt>  Thgmu  ^ 

ffor  Denbigh  &  to  Waters  Creeke-Mr.Pitliplace  Clause 

«     „,  ,  (  Mr.  Thomas  Jorden, 

flor  Warrosquyoake  J  Mi.  Wm  Hutchyson. 

ifrom    Waters    Creeke    to  (  Mr.  Joseph  Stratton, 
Marie's  Mount  (  Mr.  John  Powell. 

fCapt.Thos.Willowby. 
ffor  the  upper  parish  of  Eli-  I  absent, 

zabelh-City  j  Mr.  Henry  Seawcll, 

(^  Mr.  John  Sipsey. 

ilor  the  lower  parish  of  Eli-  CMr.  Adam  Thorowgood 

<Mr.  William  English. 
zabelh  Citty  (Mr.  George  Dowries 

♦For  Kiskyake — Capt.  Nichs.  Martian. 

(Tor  Yorkc  —  Mr.  Lyoncll  Goulston. 

fCapt.  Thomas  Graves, 

-  .  ,  )  Mr.  John  Howe. 
ffor  Accawmacke                 -,  Mf  Hcury  ^^ 

^Mr.  Chs.  Harmar 
Whereas  in  the  sessions  or'  the  Grand  Assembly  in  Preamble,  re- 

,,         ,    ,  i,  i  iti-  citing-  ilelects 

March  last  past,  divers  acts  were  tnen  made,  which  since  offermerlaws, 
are  found  in  some  cases  defective  tmd  inconvenient,  wee  ami  the  neces- 
ihe  Governor  and  Counscll  togeathcr  with  the  Burgis-  ;'/>'(,01  "'" 
ses  in  this  present  Grand  Assembly  have  taken  the 
sayd  acts  tntotheire  consideration,  and  accordingc  a- 
was  then  provided  where  ncede  required  have  made  ?. 
cleerer  explanation  of  some  of  them,  as  likewise  spme 
additions  and  alterations,  wee  doe  therefore  hereby 
deyne  and  establish  that  these  acts  and  orders  in  these 
-•resents  following^  sop  explaned  and  alt<  .  nib 


1W0 


LAWS  OF  VIRGINIA, 


lishod  in  this  colony  and  to  be  accounted  and  adjudged 
Repeal  of  ail      jn  force.     And  all  other  acts  and  orders  ot  any  assem- 
bly heretofore  holden  to  be  voyd  and  of  none  effect. 

ACT  I. 


former  acts. 


Uniformity  in         FIRST,  It  is  ordered,  That  there  be  a  unjformilie 

doctrines  and  .  .  i       1     •  i  1      • 

discipline  of      throughput  this  colony  both  in  substance  and  circum- 

the  church  of     stance  to  the  cannons  &  constitutions  of  the  church  ot 

England  England  as  neere  as  may  bee  and  that  every  person 

yeild  readie  obedience  unto  them  uppon   penal  tie  of 

the  paynes  and  forfeitures  in  that  case  appoyn led. 


Penalty  for  not 

attending 

church. 


Exhortation  to 
attend. 


ACT  II. 

J1ND  it  is  thought  Jilt,  That  the  statutes  for  com- 
inge  to  church  every  Sonday  and  holidayes  be  dulie 
executed  that  is  to  say  that  the  church-wardens  doe 
levy  one  shilinge  for  every  tymc  of  any  persons'  ab- 
sence from  ihe  church  havinge  no  lawful  I  or  reason- 
able excuse  to  bee  absent.  And  for  due  execution 
hereof  the  governor  and  counsel!  togeather  with  the 
Fiirgisses  of  this  Grand  Assembly  doe  in  God's  name 
ernestlie  require  and  charge  all  commanders,  cap- 
taynes  and  church  wardens  that  they  shall  endeavour 
themselves  to  the  uttermost  of  theire  knowledge  that 
the  clue  and  true  execution  hereof  may  be  done  and 
had  through  this  colony  as  they  will  answer  before 
God  for  such  evills  and  paynes  wherewith  Almightie 
God  may  iustlie  punish  his  people  for  negleclinge  this 
good  and  wholesome  lawe. 


Ministers  and 
church  war- 
dens to  make 
pi  psentments  ; 
and  return  a 
re-rister  of 
marriages, 
births  and 
deaths. 


Church-war- 
dens, when 
chosen. 


ACT  III. 

It  is  ordered,  That  as  many  of  the  mynisters  as  con- 
venienUie  may,  and  one  of  the  church  wardens  at  the 
least  of  every  parish  be  present  yearlie  at  midsomer 
quarter  cortes  bplclen  at  James  Citiy,  on  the  6rst  day 
oi  June  and  there  to  make  theire  presentments  uppon 
oath  togeather  with  a  register  of  all  Burialls,  christen- 
ings and  marriages  as  likewise  theire  accounts  of  all 
levyes,  collections  or  disbursements  as  have  beene  or 
fallen  out  in  theire  tymes  eoncerninge  the  churgh  af- 
fay  res.  And  further  that  they  choose  church- wardens 
at  the  feast  of  Easter  yearelif* 


SEPTEMBER,  1632— 8th  CHARLES  1st.  181 

ACT.  IV. 

NOE  man  shall  disparage  a  mynister  whereby  the   Penalty  for 
mvnds  of  his  parishioners  may  bee  alienated  from  him   dispwaginga 

J .   .  .  .  r  i  /r  ii  c   minister 

and  his  mynistry  prove  lesse  eiiectuall  uppon  payne  ot 
severe  censure  of  the  Governor  and  Counsel!. 

ACT.   V. 

NOE  mynister  shall  celebrate  matrymony  betweene   Matrimony, 

any  persons  without  a  facultie  or  lvc.en.se  graunted  by   notro  he  ce- 
*i       r*  .    .i       l  V         ♦  u  lebrated    with- 

the   Governor  except  the  banes  ot  matrymony   have   ()Ut  |jcenge  or 

beene  first  published  three  several!  Sondayes  or  holi-  publication  of 

dayes  in  the  lyrae  of  divine  service  in  the  parish  churches'  bann8, 

where  the  sayd  persons  dwell  according?  to  the  booke 

of  common  prayer,  neither  shall   any  mynister  under  Within  what 

any  pretence  whatsoever,  ioyne  any  persons  so  IVcened   nouse  toe  cere- 

*    '  ii  i  !•     i  uioiiv  tn  be 

in  marriace  at  any  unseasonable  tynaes  but  onlie  be-   performed 

tweene  the  bow  res  of  eight  and  twelve  in  the  forenoon?, 

nor  when  banes  are  thrice  asked,  and  no  I y cense  in  that 

respect  necessary,  before  the  parents  or  governors  of  ^0,  maf"afe 

.to  lie  celebi  at 

the  parties  to  be  maryed  yf  the)  be  under  the  age  of  ed  without 
twenty  one  yeares,  shall  either  personally  or  by  sufti-    consew  of  pa- 
cient  testimony,  si^nifie  to  him  theire  consents  given   "*ms  or  ?uar" 
to  the  sayd  marriage. 

ACT  VI. 

EVERY   mynister  in  this  colon}'   havinge  cure  of  Ministers  to 
soules  shall  preach  one  sermon  every  Sonday  in  the    P|"eacho»"J 

•        •     r  i        r  ii  •  i«  c   i  sermon  ever} 

yeare,  havinge  no  lawiull  impediment,  and  yi  the  my-    Sunday; 
nister  shall  neglect  theire  chardge  by  unnecessarie  ab- 
sence or  otherwise,  the  church- wardens  are  to  present 
it      But  because  in  this   colony  the   places  of  theire 
cure  are  in  many  parts  farr  distant  ;  //  is  thought  fitt,    l^eVlVnT''^ 
That  the  mynisters  doe  soe  devide  theire  turnes  a-s  by   among  die 
the  ioynt  agreement  of  the  parishoners  shall  he  de-   parishuuers.  g 
sired. 


ACT  VII. 

IT  is  thought  fitt,  That  uppon  every  Sonday  the   Ministers  w 

■     "i  i  i      ]/•  i  i      /•  instruct  and 

mynisters  shall  hale  an  hower  or  more  before  eveniuge    ,.  ,.,  ,v,       .  ., 
prayer  examine,  catechise,  and  instruct  the  youth  and    dun. 
ignorant  persons  of  his  parish  in  the  ten  commandments, 
the  articles  of  the  beliefe  and  the  Lords  prayer.    And 


.82 


LAWS  OF  VIRGINIA, 


Penalty,  on 
parents,  mas- 
ters aiui  chil- 
dren  for  neg- 
lect. 


r^i-w. Vi- 
viens i  .  lake 
<tn  oath. 


Form  of  the 


shall  diligentlie  heere,  instruct  and  teach  them  the  ca~ 
tiehisme,  sett  forlh  in  the  booke  of  coition  prayer,  and 
all  ffathers,  mothers,  maysters,  and  mistrisses  shall 
cause  theire  children,  servants,  and  apprentizes  which 
have  not  learned  the  caiichisme  to  come  to  the  church 
at  the  tyme  nppoynted  obedieutlie  to  heere  and  to  be 
ordered  by  the  mynister  until  they  have  learned  the 
same.  And  yf  any  of  the  said  (lathers,  mothers,  may- 
sters,  or  mistrisses,  children,  servants,  or  apprentizes 
shall  neglect  theire  duties  as  the  one  sort  in  not  caus- 
inge  them  to  come,  and  the  other  in  refusinge  to  learne 
as  aforesayd,  they  shall  be  censured  by  the  corts  in 
those  places  holden. 


ACT.  VIII. 

.'D  ii  is  further  ordered  u'>id  thought  expedient^ 
accorcfinge  to  a  former  order  made  by  the  Governor 
a  uiseli.  that  ail  church-wardens,  shall  take  this 

v  ii.,  am    that  it  be  administred  before  those  that  are  of 
the  comission  for  the  monthlie  corts,  vizt. 

"  You  shall  sweare  that  you  shall  make  true  pre- 
sentments of  all  such  persons  as  shall  lead  a  prophane 
or  ungodlie  life,  of  such  as  shall  be  comon  swearers, 
drunkards,  or  blaspheamers,  that  shall  ordinarilie  pro- 
phane the  saboih  dayes  or  contemne  God's  holy  word, 
or  sacraments,  you  shall  also  present  ail  adulterers  or 
fornicators,  such  as  shall  abuse  their  neighbours  by 
slanderinge,  tale  carryinge  or  backbitinge,  or  that  shall 
not  behave  themselves  orderlie  and  soberlie  in  the 
churche  duringe  devine  service.  Likewise  you  shall 
j)resent  such  masters  and  mistrisses  as  shall  be  delin- 
quent in  catechising  of  the  youth  and  ignorant  per- 
sons, sue  help  you  God.'' 


Ministers  (o 
visit  those  dan- 
gerously sicU. 


ACT.  IX. 

WHEN  any  person  is  dangerouslie  sicke  in  any 
parish  the  mynister  having?  knowledge  thereof  shall 
resort  unto  him  or  her  to  instruct  and  comfort  them  in 
theire  distresse. 


Register  of 
marriages, 


ACT.  X. 

IN  every  parish  church  within  this  colony  shall  be 
kept,  by  the  mynister  a  booke,  wherein  shall  be  writ- 


SEPTEMBER  1632— 8th  CHARLES  1st.  188 

ten,   the   day  and   yeare  of  every  christeninge,  wed-   births  and 
dinge,  and  burriall.  «-*£* 

52^5?  parish. 

ACT  XI. 

MYNISTERS  shall  not  give  themselves  to  execsse  Deportment  of 
in  drinkinge  or  ryott,  spending  theire  tyme  idelie  by  l),""s,c,,; 
day  or  by  night  playinge  at  dice,  cards,  or  any  other 
unlawful!  game,  but  at  all  tynies  convenient  they  shall 
heare  or  reade  somewhat  of  the  holy  scriptures,  or 
shall  occupie  themselves  with  some  other  honest  stu- 
dies, or  exercise,  alwayes  doinge  the  things  which  shall 
apperteyne  to  honestie  and  endeavour  to  profitt  the 
church  of  God,  havinge  alwayes  in  mynd  that  they 
ought  to  excell  all  others  in  puritie  of  life,  &  should  be 
examples  to  the  people,  to  live  well  and  christianlic. 


ACT  XII. 

IN  every  parish  church  within  this  colony  the  holy  Sacrament  i^ 

communion  shall  bee   adttriuistred    by   the    mynister  Jj-MmST 

thrice  in  the  yeare  whereof  the  feast  of  Easter  to  be  year 


one. 


ACT  III. 

AND   all    preachinge,  administringe  of  the  com-  SS£t1t" 

munion  baptizinge  of  children  and  marriages,  shall  be  tism  and 

done  in  the  church  except  in  cases  of  necessitie.  marriages  to 

1  be  done  in  tin 

J  church. 


ACT  XIV. 

THE  Governor  and   Counsell,  togeather  with  the  Provision  foi 
burgisses  of  tliis  Grand  Assembly  uppon  the  petition   m,niste" 
of  the    mynisters  within    this  colony,  have  taken  into 
theire  considerations  by  what  way  theire  mi^ht  be  a  suf- 
ficient means  allowed  unto  the  sayd  mynisters,  for  theire 
belter  subsistence  and  encouragement  in  theire  mynis- 
try,  and  thereuppon  have  ordeyned  and  enacted,  That 
theire  shall  be   payd  unto  the  said  mynisters,  the  for-   10  "'  °ftob*c 
mer  allowance  of  10lb  of  tobacco  and  a  Emsbellofcorne,  Ti^ttwnT 
in  such  manner  as  formerlie  hath  beene  due.    And  be-  tithe, 
cause  of  the  low  rates  of  tobacco  at  present,  it  is  fur- 
ther graunted  and  ordered  that  theire  shall  be  likewise 
due  to  the  mynisters,  from  the  first  day  of  March  last 
past,  for  andduringe  the  terme  of  one  whole  yeare  next 


184  LAWS  OF  VIRGINIA, 


\iso  the  20th  ensueuige,  the   twentyeth  calfe,  the  twentyeth  kidd  of 

calf.  '' 


goates,  and  the  twentyeth  pigge  throughout  all  the  plan 


tatioos  in  this  colon}';  and  where  the  noinber  of  the 
calves,  kidds,  or  pig^s  arise  to  twenty,  then  the  owner 

How  set  out.  js  to  choose  five  out  of  the  sayd  nomber  of  twenty,  and 
the  mynister  to  make  cboyse  in  the  sixt  place,  but  yf  it 
soe  fall  out  that  the  noinber  bee  lesse  than  twenty,  then 
the  mynister  shall  sett  the  price,  ami  the  owner  either 
to  take  the  sayd  calves,  kidds  or  piggs,  then  fallen  and 
pay  the  mynister  the  twentieth  part  or  else  the  mynister 
to  take  the  same  and  allow  unto  the  owner  soe   much 

How  long  the   as  shall  be  due  unto  him.    And  it  is  thought  jitt,  That 

owners  to  keep  tne  owner  keep  the  sayd  calves,  kidds  or  piggs,  untill 
the  tyme  that  they  be  weanable,  that  is  to  say,  lor 
calves  the  owner  to  keepe  them  seaven  weekes,  and 
kidds  likewise   seaven    weekes  and  piggs  one  mounth. 

To  sive  notice  And  the  parishioners  are  to  give  notice  unto  theire 
mynisters  when  they  are  to  fetch  theire  calves,  kidds 


to  the  minis- 
ters. 


and  piggs  that  be  clue  unto  them. 


ACT  XV. 

Fees  of  mmis-       jj'  [s   likewise  ordered,  That  the    mynisters  shall 
have  these  petty  duties  followinge,  vizt : 

(Tor  marriage  -  -  2s.  0 

ffor  chnrchinge  -  -  10 

ffor  burryinge  -  -         10 


ACT  XVI. 

How  the  Min-        IT  is  ordered,  That  uppon  the  25lh  of  October,  yf  it 

isters (|,,ns  oi      bee  not   Sonday,  &.  then  the  day  followinge  the  church 
10H)-of  Cobc.  ,  i     it     •  .     .■  •  i-  u       .u 

and  a  bushel      wardens  shall  give  notice  to  the  parishioners,  that  they 

>i  coincollec-  bringe  in  the  dutie  of  10  lbs.  of  tobacco  for  the  mynis- 
,ed-  ters  unto   a  place  to  be  appoynted,  within  that  planta- 

tion by  the  church  wardens,  and  that  the  mynisters  be 
warned  to  be  there,  or  appoynt  some  other  to  receive 
the  same.  Audit  is  likewise  ordered,  That  the  dutie 
of  a  bushell  of  corne,  be  brought  in  uppon  the  19th  day 
of  December  to  the  place  appoynted  within  that  plan- 
tation, by  the  mynister.  And  no  planter  or  parishioner 
may  neglect  the  bringinge  of  the  tobacco,  or  corne  as 
aforesayd,,  uppon  the  penaltie  that  yf  any  make  default, 
Penally.  they  shall  forfeite  double   the  quautitie  of  tobacco  and 

corne,  to  be  levyed  by  distresse,  by  the    anthoritie  ot 
the  comanders.     And  likewise  all  arrerages  of  tobac- 


SEPTEMBER,  1G32— 8th  CHARLES  1st.  185 

co  and  come  which  have  been  due  to  the  tnynisters  as 
duties  shall  and  may  he  recovered  by  distresse,  by  vir- 
tue of  this   act  of  this   Assembly,  and  yf  the  church 
wardens  shall    fayle  in  the  execution  of  theirc  office,  d^JJa'Jai' 
hereby  enioyned,  then  the  comander  shall  take  order,  dens  for  n<><r. 
that   what  shall    remayne  unpayd,  and  owinge  to  the  lect. 
mynysters  shall  belevyed  by  Bistresse  out  of  the  church 
wardens  goods  and  chattels. 

ACT  XVII. 

IT  is  ordeyned  and  enacted,  That  in  all  such  places  Churches  to  to 

,  J      ,  .  .  .    .1,   .  •    i  built  and  re- 

where  any  churches  are  wantmge  or  decayed,  the  in  ha-   pai!.ed. 
bitants  shall  be  tyed  to  contribute  towards  the  buildinge 
of  a  church,  or  repayring  any  decayed  church.     The 
romissioners,  togeather  with  the  myuisters,  church  war- 
dens and   cheife  of  the  parish,  shall  appoynt  both  the 
most  convenient  place  for  all  parts  to  assemble  togeath- 
er and  also  to  hire  and  procure  any  workemen  and  order 
-;uch  necessarie  businesses  as  are  requisite  to  be  done  in 
such  workes.     This  they  are  to  effect  before  the  feast 
of  the  nativitie  of  our  Saviour  Christ,  or  else  the  sayd 
•omissioners  yf  they  be  deficient  in   theire   duties  to 
forfeite  £.    50  in  money.     And    it  is  ordered  in  like   ^Jj^ 
manner,  That  there  be  a  certain  portion  of  ground  ap-  ^closed 
poynted  out,  impaled  or  fenced  in  to  be  for  the  burial! 
of  the  dead  uppon  the  penaltie  of  20  marks. 


ACT   XVIII. 

ACCORDINGEtothe  former  orders  of  the  Assem-  JJSJJJJjb. 
blVj  the  fift  of  March,  1323,  It  is  now  thought  jitt  and  lished,  asbya 
accordinglie  ordered,  That  the  niounthlie  corts  be  held  f»™«  »»»• 
and  kept  in  remote  parts  of  this  colony,  vizt.  for  the 
upper  parts,  fVarwickc  river,  Warrosquyoke,  Elizabeth 
Citty    and   Accawmacke.      The    commission  for   the 
ipplr   parts  shall  be  as   followeth,  vizt.     "  To  all  to  Form  of  the 

III  r  o-       t   j         tr  commission  to 

wliome  these  presents  shall  come  1  btr  John  Jtlaroey,  ,|ie  commis- 
Knt.  Governor  and  Captayne  General  of  Virginia  send  sioners  of 
greetinge  in  our  Lord  God  everlastinge.  Whereas  for  ntontMycwwt* 
the  greater  ease  of  the   inhabitants  in  divers  parts  ot 
this  colony  and  for  the  better  execution  of  the  peace  and 
due  execution  of  such  lawes  and  orders  as  are  or  shall  be 
established  for  the  government  of  the  people  and  inhabi- 
tants, 

Z 


186  LAWS  OF  VIRGINIA, 

The  Governor  and  counselltogeather  with  the  Burgis- 
ses  of  the  Grand  Assembly  have  thought  fitt  and  ao 
eordinglie  appoynted  that  theire  shall  be  mounthlie 
corts  and  oftener  uppon  extraordinarie  causes  requir- 
inge,  and  agreed  uppon  by  the  maior  part  of  the  com- 
missioners, held  and  kept  in  the  remoate  plantations, 

"Nowe  Knowe  yee  thataccord'mge  to  the  same  or- 
der, these  persons  whose  names  are  here  inserted,   are 
for  the  tyme  beinge  assigned  and  appoynled  to  be  the 
present  comissioners  of  and  for  the  upper  parts  within 
Commission-     the  precincts  of  Charles  Citty  and   Henrico,   JVilliam 
era  names.         Ffarrer,  Esq.  Capt.  Francis  Epes,  Capt.  Thomas  Pau- 
lett,  Capt.  Thomas  Osborne,  Thomas  Palmer,  gent.  Wal- 
Any  four  to       ter  Aston,  gent,  which  sayd  comissioners  or  any  fowre 
iCt-  of  them  shall  have  tall  power  and  authoritie  to  heere 

and  by  the  maior  part  of  voyces  to  determine  all  such 
suites  and  controversies  betweene  partie  and  partie  as 
Jurisdiction.       exceed  not  the  value  of  five  pounds  sterlinge.     And  fur- 
ther that  thev  take  into  theire  cares  the  conservation  of 
the  peace,  the  quiett  government  and  safetie  of  the  peo- 
ple theire  residinge  or  beinge.     And  that  all  orders  and 
and  power,        acts  of  the  Assembly  be  kept  and  observed,  and  accord- 
inge  to  the    same  and  as   neere  as   may  bee   accord- 
inge   to  the  lawes  of  the  realme  of  England,  to  inflict 
punishment  uppon   the  offenders  and  delinquents,  and 
to  doe  and  execute,  whatsoever  a  justice  of  peace,  or  two 
or  more  justices  of  peace  may  doe,  such  offences  onlie 
excepted,  as  concerne  the  taking  away  of  life  or  mem- 
Right  to  ap-       berg;  Provided ahvayes  that  it  shall  and  may  be  lawfull 
peal  for  the  plaintiffe  or  defendant,  in  any  suite  before  the 

sayd  commissioners  dependinge  either  before,  or  after 
judgment,  yf  it  be  before  execution  awarded,  to  obtayne 
a  warrant  from  the  Governor  to  slay  the  proceedings  in 
How  exercised   any  cort  of  the  sayd  comissioners,  and  to  remove  the 
cause  and  the  records  concerninge  the  same,  into  the 
cort  holden  before  the  Governor  and  Counsell  at  James 
Security  for       Cittv.     And  whosoever  shall  sue  or  obteyne  any  such 
costs  and  da-     warrant  he  shall  put  in   Good  securitie   to  answer  the 
costs  and  damages  that  shall  be  awarded  agaynst  mm 
vf  he  shall   be  cast  in  the  sayd  suite.     And  they  are 
Commission-      hereby  required  from  tyme  to  tyme,  to  keepe  records  ot 
eis  to  keep        aii    judgments,  orders,  and  other  matters  of  moment, 
as  by  them  shall  be  concluded  and  agreed  on,  And  this 
comission  to  continue  in  force  until!  1  by  my  comissi- 


SEPTEMBER,  1632— Sih  CHARLES  1st.  1#1 

on  under  the  seale  of  the  colony  shall  signifie  the  con- 
trary. Given  at  James  Citty,  the  fourth  day  of  Sep-  Conclusion 
tember,  1632,  and  in  the  eight  yeare  of  the  raigue  of 
our  soveraigne  Lord  Charles,  by  the  grace  of  God  of 
England,  Scotland,  France  and  Ireland,  kinge,  defender 
of  the  fayth,  Sic.  and  in  the  26th  yeare  of  this  plantation." 

It  is  thought  Jitt,  That  the  comissioners  shall  take  oathofcom 
this  oath  as  followeth  vizt. — You  shall  sweare  as  a  missipners 
comissioner  for  the  upper  parts  within  the  precincts  of 
Charles  Citty,  and  Henrico,  accordinge  to  the  articles 
of  the  comission  directed  unto  you  by  the  governor, 
you  shall  doe  equall  right  to  the  poore  and  to  the  rich, 
after  your  cunninge,  witt  and  power,  and  alter  the  lawes 
and  customs  of  this  colony,  and  as  neere  as  may  be  af- 
ter the  lawes  of  the  real  me  of  England,  and  statutes 
thereof  made  ;  you  shall  not  be  of  counsell  in  any  case 
or  quarreil  hanginge  before  you  ;  you  shall  hold  your 
corts  accordinge  to  the  sayd  comission;  you  shall  not 
lett  for  guift  or  other  cause,  but  well  and  truly  shall  doe 
your  office  of  comissioner,  so  help  you  God,  &tc. 

There  also  shall   be  drawne  Mutatis  Mutandis  for 
Warwicke  river  these  comissioners,  Capt.  Sam.  Ma-   Commission- 
aires Esq.  Capt.  Richard  Steuhens,  Esq.    Mr.  John  ers/or  War. 
Brewer,  Capt.  Thomas  Flynt,  Zachnrye  Cnpps,  gent. 
Thomas  Seelie,  gent,    ffor  Worrosqnyoake  these  comis-   For  Warros- 
sioners  Mr.  Richard   Bennet,   Capt.  Robert   Ffdgale,   quyoake. 
John  Upton,  gent. Thomas  Jourden,  gent.  Wm.  Hutchin- 
son, gent.     Ffor  Elizabeth  Citty.  these  comissioners,   For  Elisabeth 
Capt.  Wm.  Tucker,  Esq.   Capt.  Thos.  Purrifie,  Esq.   City. 
Capt.  Thos.  Willowby,  Adam  Thorowgood,  gent.  Wm. 
English,  gent.  George  Downes,  gent.  John  Arundcll, 
gent.     Ffor   Accawmacke  these  comissioners,  Capt.   For  Aocomar. 
Wm.  Claybourne,  Esq.  Capt.  Thomas  Grayes,  Capt.  Ed- 
mund Scarborough,  Charles  Harmar,  gent.  Obedience 
Robins,  gent.  John  Iloive,  gent.  Roger  Saunders,  gent. 


ACT   XIX. 

IT  is  established  and  appoynted,  That  the  4  great  Great  quarter 
quarter  cortes  shall  be  held  at  James  Citty,  yearlie  as  J™^8^".)) 
followeth,  vizt.     The  first  day  of  March,  the  first  day 
of  June,   the  first  day  of  October,   and  the  first  day  nf 
December. 


188  LAWS  OF  VIRGINIA, 

ACT  XX. 

ftpgtrtations  WHEREAS    nothinge  can  more  conduce  to    the 

for  hnprovioff    we]fare  0f  this  colony  then  that  some  effectuall  courses 

the    quality  of  .  " 

tobacco  he  established,  in  the  trade  of   our  tobacco,    and  that 

wee  should  take  order  both  to  moderate  the  exces- 
sive plantinge  and  to  better  the  condition  and  qualitie 
thereof: 

Be  it  therefore  first  ordeyned  and  enacted  by  this  pre- 
sent Assembly,    That  no  person   or  persons,    after   the 
publication  or  notice  hereof,   doe  buy  or  cause  to  be 
Not  to  be  bar-  bought  any  marchandise,  goods,  or  any  other  thinge 

tere    lor  whatsoever,   or  make  any  contract,   bar^aine  or  pro- 

goods,    at  less        .  ,  ■■*■        .  J    .  »  &  t 

than  6d  a  mise  tor  the  havjnge  or  puyinge  ot  the  same  or  any  part 

pound,  on  the  thereof  in  exchange  for  the  comoditie  of  tobacco  direct- 

of 'the goods       lie  or  indirectlie  allowinge  under  the  rate  of  6d  per 

pound  for  every  pound  of  tobacco,  as  the  goods  first 

Penalty  for       cost  in  England  bona  fide  uppon   penaltie  for  his  or 

the  lstohence.  theire  in  st  offence  to  forfeite  the  value  of  the  sayd  mar- 

chandize  or  goods  soe  by  him  or  them  bought  or  had 

as  aforesayd.      And  yf  any  person  lawfully  convicted 

or  attaynted  of  and  for  the  sayd  offence  be  thereof  agayne 

lawfully  convicted  or  attaynted,  then  every  person  or 

persons  soe  offendinge,  shall    for   his  second   offence 

loose  double  the  value  of  the  goods  and  marchandize 

For  the  2d  of-   soe  by  him  bought  or  had  as  aforesayd.     And  yf  any 

person  beinge  lawfully  twice  convicted  or  attaynted  of 

and  for  the  sayd  offences  and   the  3d  tyme  be  thereof 

For  the  3d  of-   }awfullv  convicted  and  attaynted,  that  then  every  such 

ifell  C(*  *     »  ••* 

person  tor  the  said  third  offence  shall  loose  and  forfeit 
thrice  the  value  of  all  such  goods  bought  or   had  as 
aforesaid,  the  one  halfe  of  which  forfeiture  shall  be  to 
him  or  them,  who  shall  sue  for  the  same  by  action  of 
Limitation  of     debt  or  information,  in  any  cort  within  this  colony,  pro- 
vided that  the  complaynt  be  made  within  6  mounthes 
Monthly         after  the  fact  comited.     And  be  it  therefore  further  or- 
<:0,"'ls  'o  hear   (!,re(}^  That  the  comissiouers  at  the  mounthlie  corts  in 
nime   otiVn-      a"  places  ofthis  country  now  established  have  full  pow- 
ers against        er  and  authorise  by  virtue  ofthis  act  to  enquire,  heere 
and  determine  all  and  every  the  defaults  and  offences 
perpetrated,  comitted,    and   done  contrary  to  this  act, 
and  to  make  process  against  the  offenders  as  the  Go- 
vernor and  counsell  use  to  doe  in  such  cases;  Provided, 
Totrans.vnt       That  the  said  corts  doe  send  the   true   coppies  of  the 
copies  of  proceedings  to  the  Governor  and  Counsell  at  theire 


SEPTEMBER,  1632— 8th  CHARLES  1st.  189 

next   sessions  of  theire  quarter  corts  at  James  Citty :  their  proceed- 
Nevertheless e.    it   shall    and  may  be  free  and  lawfull  to  JJ^ter  court*, 
buy  or  bargain  for  tobacco  at  such  rates  as  the  parties  This  ac<   not 
can  agree,  any  cattle,  hoggs,  poultry  or  any  houshold  IO  ' x"  mi *° 
stuffe,  hides,  skinnesor  any  comodities  that  are  or  may  country  pro- 
be raised  in  this  colony  any  thingein  this  actconteyn-  duce. 
ed  to  the  contrary  notwithstandinge. 

Secondlie,  be  it  further  ordered,  That  no  planter  or  Limitation  in 

master  of  a  familie,  shall  plant  or  cause  to  be  planted  j^c'co"5 
above  two  thousand  plants  of  tobacco  per  pol,  and  that 
they  which  shall  not  plant  tobacco  or  they  which  shall 
be  otherwise  imployed  shall  not  transfer  or  make  over 
theire  right  of  plantinge  unto  an)'  other.     And  to  pre-      2000  plants 

vent  any  greater,  every  planter  or  master  of  a  familie,  £.°o'  '^son  t0 

plantinge  acropp  of  tobacco  more  or  less  shall  bety'ed  transfer  his 

to  procure  one  of  his  neighbors  or  some  sufficient  man  j'?Snt  ot  Plant~ 

to    count   and  nomber  his  or  theire  plants  of  tobacco,  crops  of  to- 

who   will  uppon  his  oath  declare  and  testifie  unto  the  bacco  10  be 

comander  of  that  place,   before  the  10th  day  of  July,  v',wcd>  anA 

*  "  I'i'iits  count- 

that    he   hath  counted  and  nombercd  the  sayd  plants,  efl 

and  shall  say  in  his  conscience  the  iust  and  true  nom-      Return  on 

her  of  them,  which  thinge  yf  the  said  planter  or  master  orith- 

of  a  familie  shall  neglect,  or  that  the  number  of  plants 

be    found  to   exccede  the  proportion  of  two  thousand 

plants  per  pol,  then  the  comander  is  hereby  required  ^ote^crop 

to  present  it  to  the  mounlhlie  corts,  and  the  com  is  si-  to  be  cm 

oners  there  shall  give  present  order  to  have  that  whole  <i°wn- 

cropp  of  tobacco  cut  downe.  uppon  payne  of  imprison-  Jwrnmion- 

meat  and  censure  of  the  Governor  and  Counsell,  and  ers of  monthlj 

Grand   Assembly,  yf  they  the  said  comissioners  shall  .courts  ,or  nrs 

neglect  the  execution   hereof.     Also  uppon  neglect  of  0.1  comman- 

the  comander  herein   he  shall  be  censured  by  the  Go-  dersof  plan- 

vernor  and  counsell  in  like  manner.  tatwns. 

Thirdlle,   It  is  ordered,  That  no  person  or  persons 

1  i  Planters  not  tii 

^f Kill  tend  or  cause  to  be   tended  above  14  leaves,  nor  t(,nt|  ai,OV(.  14 
gather  or  cause  to  be  gathered  above  9  leaves  uppon  a  leaves  <>■  pa- 
plant  of  tobacco,  and  the  severall  comanders  shall  here-  |)\cJ™?sre  ,han 
by  have  power  to  examine  the  truth    hereof  and  yf  any 
offend,  to  punish  the  servants  by  whippinge  and  tobindc  Penalty, 
over  the    masters  unto  the  next  quarter  cort  at  James 
Citty,  to   be  censured  by  the  Governor  and  Counsell. 
And  this  act  shall  continue  in  force  uutill  the  first  day 
01  March  next  ensuinge. 


190 


LAWS  OF  VIRGINIA, 


No  slips  of  old 
stalk*  or  se- 
conds to  be 
tended. 

Penalty. 


Fourthlie,  If  is  ordered,  That  no  person  or  persons 
shall  tend  or  cause  to  be  tended  any  slippsofold 
stalkes  of  tobacco,  or  any  of  the  second  cropps  uppon 
the  forfeiture  of  his  whole  cropp  of  tobacco,  whereof 
one  halfe  to  be  to  the  informer  that  shall  sue  for  the 
same  in  any  cort  within  this  colony. 


Tobacco  ten- 
d  ■  td  in  pay- 
ment, how  to 
be  viewed. 


If  not  mer- 
chantable, to 
be  burnt. 


Penalty  on 
persons  re- 
fusing to 
view. 


ACT  XXL 

IT  is  likewise  ordeyned,That  yf  any  marchantor  any 
other  person  whatsoever  shall  hereafter  make  com- 
playnt  to  the  comander  of  the  place,  that  any  tobacco 
tendered  unto  him  or  them  is  not  good  and  marchanta- 
ble,  then  the  sayd  comander  is  hereby  required,  uppon 
penaUte  of  beinge  disabled  from  bearinge  any  office  in 
this  colony  for  one  whole  yeare,  and  further  censure  of 
the  Governor  and  Counsell,  to  make  choyceoftwo 
sufficient  men.  whom  he  shall  by  word  of  mouth  or 
warraut  un<1  his  hand  reqiure  to  viewe  the  sayd  to- 
bacco, and  uppon  oath  to  deliver  unto  him  the  good- 
nes  and  badnes  thereof,  and  to  cause  the  same  to  be 
burnt  yf  it  bee  not  found  marchantable.  But  yf  any 
person  or  persons  shall  refuse  to  viewe  the  sayd  To- 
baco,  and  accordingHe  to  declare  the  quallitie  thereof 
uppon  oath,  then  it  is  ordered  that  the  sayd  comander 
shall  binde  ovtr  the  sayd  person  or  persons  to  answer 
the  contempt  at  the  next  quarter  cort  before  the  Go- 
vernor and  Counsell. 


ACT  XXI L 

Two  acres  of  IT  is  likewise  ordered,  That  every  man  workinge  in 
con,  per  head  ^  grounc]  s|iall  plant  or  cause  to  be  planted  and  suf- 
in^telided       ficientlie  tended  yearely   at  the  least  2  acres  of  corne 

per  pol,  uppon  penaltie  of  the  forfeiture  of  his  whole 
Penalty.  cropp  of  tobacco,  yf  uppon    viewe    thereof  they  shall 

be  found  deficient,    unlesse  they   shall  have  a  lawfull 

cause  to  the  contrary. 


To  prevent 
fores;alliiif,', 
fc  eugross- 
ine 


ACT  XXIII. 

FOR  the  prevention  of  forestallinge  the  marketts 
and  ingrossinge  commodities.  It  is  ordeyned  and  as- 
sented by  the  Governor  and  Counsell  togeather  with  the 


SEPTEMBER,  1632— 8th  CHARLES  1st.  191 

Burgisses  of  this  present  Grand  Assembly,  That  every 

shipper  barque  arrivinge  in  this  colony  from  England   Vessels  an-iv- 

,i  i     ii       -.l   <u      c      »  i         j  in?  not  to 

or  any  other  parts  shall  with  the  first  wynd  and  wea-   bl.pak  blllk 
thersayleup  to  the  port  of  James  Citty,  and  not  to  un-   till  they 
lade  any  goods  or  breake  bulke  before  she  shall  cast  £!me  t0  J< 
anchor  there,  unlesse  the  Governor  and  Counsell  shall    '  y ' 
give  leave  and  lycense  to  the  contrary  uppon  payne  that  withm,t  ]f,ave 
the  captayne  and  mayster  of  the  sayd  shipp  shall  for-   from  the  go- 
feite  the  sayd  goods  or  the  value  thereof,  and  shall  senior,  &c. 
have  and  suffer  one  mounthes  imprisonment,  the  one 
halfe  of  which  forfeiture  shall  be  to  him  or  them  that  Pcna,ty- 
will  prosecute  or  shall  sue  for  the  same  in  any  cort  with- 
in this  colony.   And  it  is  therefore  further  ordered,  That 
the  present  commander  of  the  ffort  at  Poynt  Comfort,   Commander 
uppon  the  arnvall  ol  any  shipp  or  shipps  or  other  ves-  Comfort  to 
sell  out  of  the  sea  shall  immedialefie  make  his  repayre  require  a  list; 
aboard  and  there  require  the  commander,  captayne,  and  arHvin^&c8 
master  of  the  sayd  shipp  or  shipps  or  other  vessel  to 
deliver  unto  him  a  true  list  of  all  such  persons  as  were 
imbarquedin  theire  shipp  at  theire  cominge  out  of  Eng- 
land togeathcr  with  theire  ages,  countreyes  and  townes 
where  they  were  borne  ;  and   to  keepe  record  of  the 
same,  and  he  the  sayd  commander  of  the  fort  shall  ad-  To  adm'mis 
minister  unto  them  the  oathes  of  supremacy  and  allegi-  oTsumema- 
ance,  which  yf  any  shall  refuse  to  take  that  he  comitt  cyandaiiegi- 
bin)  or  them  to  imprisonment,  And  it  is  further  order-  ance- 
ed,  That  the  sayd  commander  of  the  fort  shall  there   Proclamation 
r^ad  and  fixe  at  the  mayne  mast  of  the  said  shipp  or  to  be  fixed  at 
shipps*  proclamation  as  followeth,  vizt.  "Tothecap-  ^™head 
taynes,  masters, and  commandersof  anyshipp  orshipps 
arrivinge  at  the  fort  at  Poynt  Comfort,  I,  Sir  John 
Harvey,  Knight,  Governor  and  captayne  generall  of 
Virginia  send  grcetinge.     These  are  in  his  majesty's 
name,  to  will  and  require,  and  straightlie  to  chardge 
•nd  command  you  accordinge  to  the  instructions  di- 
rected unto  me  and  the  Counsell  of  State,  from  the 
right  hon'ble  the  Lords  of  his  Majesties  most  hon'ble 
privy  counsell,  thai  with  the  first  winde  and  weather, 
y  ou  saile  directlie  to  the  port  of  James  Citty;  and  that 
you    unlade  no  goods  nor  breake  any  bulke  ui  til  you 
shall  come  to  an  anchor  there,  uppon  payne  of  the  losse 
of  the  sayd  goods,  and  one  mounthes  imprisonment. — 
Given  at  James  Citty  the  4th  day  of  September,  i632." 
NeVerthelesse  it  shall  and  may  be  lawful  for  any  such 
vessells,  boates,orshrppes,as  belonge  to  any  person  or  Exception 


100 


LAWS  OF  VIRGINIA, 


persons  dwellinge  or  inhabilinge  within  this  colony 
uppon  theire  arrival]  out  of  the  sea,  to  goe  and  sayle 
unto  any  place  or  places  to  which  they  do  belonge,  or 
at  which  they  shall  desire  to  unlade  theire  goods,  and 
the  marchant  or  factor  shall  deliver  unto  the  command- 
er of  that  place,  an  invoice  of  the  goods  they  have 
brought  in. 


Tonnage  rln- 
(v. 


ACT  XXIV. 

.EVERY  vessel  or  shipp  cominge  out  of  the  ocean 
customs  untill  further  orders  be  taken  therein 
shall  pay  after  the  rate  of  one  barrell  of  gunpowder 
containinge  100  lbs.  and  ten  iron  shott  for  ordinance, 
for  every  hundred  tunns  of  burthen,  to  be  for  the  use 
of  the  fort  at  Poynt  Comfort,  and  soe  to  be  accounted 
propotionablv  bee  the  shipp  or  barque  bigger  or  lesser 


Vines j  20  a 
head  to  be 
i  planted. 


Penaltv 


To  be  assess- 
ed by  month- 
ly co'ir'K. 


rVo  person  to 
speak  or  par- 
ley with  the 
fndinii«. 


Lxceplion  as 
to  the  Eastern 
Shore 


ACT  XXV. 

IT  is  provided  and  ordered,  That  all  workers  upon 
corne  and  tobacco  shall  this  ensuinge  springe  before 
the  first  day  of  March  next  ensuinge,  plant,  or  cause 
to  be  planted  20  vyne  plants  per  pol  uppon  penaltie 
to  forfeite  one  barrell  of  corne  for  every  one  that  shall 
make  default  one  halfe  to  be  to  him  which  shall  make 
information  thereof  and  the  other  halfe  to  publique 
uses.  And  the  commissioners  for  the  mounthlie  corls 
shall  have  full  power  to  heare  and  determine  this  mat- 
ter and  to  see  that  the sayd  vynes  bee  weeded,  tended, 
and  well  preserved. 


ACT  XXVI. 


IT  is  ordered,  That  no  person  or  persons  shall  dare 
to  speake  or  parlie  with  the  Indians  either  in  the  woods 
or  in  any  plantation  yf  it  can  possibly  be  avoyded  by 
any  meanes.  But  yf  any  Indian  shall  voluntarilie 
presse  uppon  any  in  the  woods,  or  into  any  planta- 
tion, as  soon  as  can  be,  they  shall  bringe  them  to  the 
commander,  or  give  the  comander  notice  thereof, 
uppon  penaltie  of  a  mounthes  service  for  any  free  mar. 
offendinge,  and  twenty  stripes  for  any  servant.  But 
for  the  r'^ntersc  c'erneShoare.thccommand,e,,<: 


SEPTEMBER,  1632— 8th  CHARLES  1st.  193 

are  required  to  observe  all  good  tennes  of  amitie,  and 
that  they  cause  the  planters  neverthelesse  to  stand  up- 
pon  theire  guard,  and  not  to  suffer  the  Indians  espe- 
cially the   Mattowombes  to  make  any  ordinary  resort  v    „„    „ 

i  i     •        i     •  r<        !•  •  rpnaUy  on 

or  aboade  in  theire  houses,  and  yi  any  Lnglish  without  the  English 
leave  resort  unto  theire  townes,  the  commanders  are  resorting  to 
to  binde  them  over  to  the  next  quarter  cort. 


ACT  XXVII. 

AND  because  wee  hold  the  neighbouringe  Indians  our  Comman- 
irreconcileable  enemyes,  it  is  farther  thought  fitt,  That        s '?  ''? 
yi  any  Indians  doe  molest  or  oneud  any  plantations  in   lurking  about 
theire  cattle,  hoggs,  or  any  thinge  else,  or  diat  they  or  molesting 
bee   found   lurkinge  about  any  plantation,    then    the  calte'    c 
commander  shall  have  power  by  virtue  of  this  act  to 
rayse  a  sufficient  partie  and  fall  out  uppon  them,  and 
persecute  them  as  he  shall  finde  occasion. 


ACT  XXVIII. 

BE  it  also  enacted,    That  every  artificer  or  laborer  Workmen 
that  shall  be  lawfully  reteyned  in  and  for  the  buildinge  3?ai° from" 
or  rcpayringe  of  any  church,   house,  shipp,  milne,  or  their  work 
every  other  peice  of  worke  taken  in    greate,  or  that  under  apenaK 
shall  hereafter  take  uppon  him  to  make  or  finish  any    ' 
such  thinge  or  worke,  shall  continue  and  not  depart 
from  the  same  unlesse  it  be  for  not  payinge  of  his  wa- 
ges, or  hire  agreed  on,  or  otherwise  by  lawfull  autho- 
rise taken  from  the  sayd   worke,  or  lycense  to  depart 
by  him,  that  hath  the  charge  thereof  before  the  finish- 
inge  of  the  sayd  worke  uppon  penaltie  of  one  mounthes 
imprisonment  without  bayle   or  mayneprize   and   the 
forfeiture  of  the  sum  of  £  5  sterlinge  to  the  partie  sue 
greaved,  over  and  besides  such  ordinarie  costs  and  da- 
mages as  may  or  ought  to  be  recovered  by  the  common 
lawes  for  any  such  offence. 


ACT  XXIX. 

BE  it  also  enacted  accordingc  to  the  laives  of  England,  Drunken- 
That  all  and  every  person  or  persons  which  shall  be  j^'h^T 
drunke,  and  of  the  same   offence  of  drunken es  shall 

2   A 


194  LAWS  OF  VIRGINIA, 

be  lawfully  convicted,  shall  for  every  such  offence  for- 
feite  and  loose  five  shillings  of  lavvfull  money  of  Eng- 
land, to  be  pa}d  to  the  hands  of  the  church  wardens 
of  that  parish  where  the  offence  shall  be  committed. 
And  yf  the  sayd  person  soe  convicted  shall  neglect  or 
refuse  to  pay  the  sayd  forfeiture  as  aforesaid,  then  the 
same  shall  be  levyed  of  the  goods  of  every  such  per- 
son or  persons  soe  neglectinge  or  refusinge  by  warrant 
from  the  cort  before  vvhome  the  said  conviction  shall 
be  made. 


ACT  XXX. 


Swearing,  IT  is  thought  fitt,  That  whosoever  shall  sweare  any 

how  punish-       oath,  shall  pay  for  every  oath  one  shillinge  as  is  ordey- 
ned  by  the  statute. 


ACT  XXXI. 

Forestalling  WHATSOEVER  person  or  persons  shall  buy  or 

defined.  cause  to  be  bought  any   marchandize,  victualls,    or 

any  other  thinge,  comminge  by  land  or  water  to  the 
markett  to  be  sold,  or  make  any  bargaine,  contract  or 
promise  for  the  haveinge  or  buyinge  of  the  same  or  any 
part  thereof  soe  comminge  as  is  aforesaid,  before  the 
said  marchandize,  victualls,  or  other  thinge  shall  bee 
at  the  markett  readie  to  be  sold  ;  or  make  any  motion 
by  word,  letter  or  message  or  otherwise  to  any  person 
or  persons  for  the  enhaunsinge  of  the  price,  or  dearer 
sellinge  of  any  thinge  or  thinges  above  mentioned,  or 
else  disswade,  move,  or  sii.fr  any  person  or  persons 
eominge  to  the  marquett,  to  abstaine  or  forbeare  to 
bridge  or  convey  any  of  the  things  above  rehearsed  to 
any  markett  as  aforesayd  shall  be  deemed  and  adjudg 
,,    ,.  ed  a  forestaller.     And  yf  any  person  or  persons  shall 

1  enally  tor  _.  .  .  J  J    r  ,   ,  ". 

1st  offence.  offend  in  the  thinges  before  recited  and  beinge  thereof 
dulie  convicted  or  attaynted  shall  for  his  or  theire  first 
offence  suffer  imprisonment  by  the  space  of  two 
mounthes  without  baile  or  maineprize,  and  shall  also 
loose  and  forfeite  the  value  of  the  goods  soe  by  him  or 

,.    „  them  bought  or  had  as  aforesayd;  and  for  a  second 

l  or  the  2d  5    '    i  ■  i     •        /*  •     •  i     n        ,v 

offencsj  offence,  alter  Ins  or  theire  first  conviction,  shall  suffer 

imprisonment  by  the  space  of  one  halfe  yeare  without 
baile  or  maineprize,  and  shall  loose  the  double  value  of 


SEPTEMBER,  16:52— 8th  CHARLES  1st.  195 

all  the  goods  and  marchandize  soe  bought  or  had  as 
aforesayd;  and  for  the  third  offence  beiuge  lawfully  For  the  3d 
twice  convicted  or  attaynted  shall  be  sett  on  the  pillo- 
rie  in  the  place  where  he  then  dwelleth  and  loose  and 
tbrfeite  all  the  goods  and  chattels  that  he  or  they  then 
have  to  theire  own  use,  and  also  be  committed  to  pri- 
son there  to  remayne  duringe  the  Governor's  pleasure, 
provided  that  the  complaynt  be  made  within  two  ^SoJtIono( 
veares  after  the  offence  done  or  committed. 


sures. 


ACT  XXXII. 

ITxs  ordered,  That  a  barrell  of  corne  shall  be  ac-   Jjjjjfjj't* 
counted  five  bushells  of  Winchester  measure,  that  is  corn 
to  say  40  gallons  to  the  barrell,  and  that  the  commis- 
sioners for  the  mounthlie  corts  throughout  this  colony 
doe  take  order  and  see  that  sealed  barrel  Is  be  made 
and  sealed  with  thisseale  as  in  the  margent  [VG]  which   Sealed  mea- 

it 

seal  they  are  to  keepe,  and  uppon  reasonable  request 

to  seale  such  barrells  and  bushells  as  shall  be  brought 

unto  them,  beinge  of  a  iust  size.     And  it  is  ordeyned   Penalty  for 

and  established  that  whosoever  shall  use  or  cause  to  u<ing  unseal- 

be  used  any  unsealed  barrells  or  bushells,  after  the  pub-  ed  barrels, 

lication  hereof,  shall  forfeite  13s  4^,  and  for  the  second 

offence  26s  8d,  and  for  the  third  offence  shall  be  sett  in 

the  pillorie,  and  the  measures  and   barrells  defective 

.-mall  be  broken  or  burnt.     And  for  defective  weights, 

ft  is  ordeyned,  That  the  offender  shall  be  punished  ac- 

cordinge  to  the  statute  in  that  case  provided. 


ACT  XXXIII. 

THE  Assembly  doth  order  and  graunt,  That  there   Compensation 
be  payd  out  of  the  generall  levy  unto  capt.  Michaell  ft°Iar*harrt, 
Marsharlt's  attorney,  in  full  for  the  carriadges  for  the 
ordinance,  1375  lb.  of  tobacco,  and  likewise  in  consi-  Andadona. 
deration  of  the  good  service  done  by  the  sayd  capt.   tiontohis 
Marshartt  to  this  colony,  and  to  relieve  the  necessitie  family. 
of  his  wife  and  children,  the  Assembly  doth  give  as  a 
gratuitie  to  be  sent  unto  her,  4500  ih  *f  tobacco  to  be 
payd  this  cropp. 


196 


LAWS  OF  VIRGINIA, 


Restriction, 
as  to  the 
power  ol  the 
governor,  ^c. 


ACT  XXXIV. 

ITis  ordered,  Thai  the  Governor  and  Counsell  shall 
not  lay  any  tax^s  or  impositions  uppon  this  colony, 
theire  lands  or  commodities  otherwise  than  by  the  au- 
thorise of  the  Grand  Assembly,  to  be  levyed  and  im- 
ployed  as  by  the  Assembly  shall  be  appoynted. 


Appropriation 

hiv. 


Taxes. 


How  collect- 
ed from  de- 
cedents' es- 
tates. 


ACT  XXXV. 

THE  Assembly  alloweth  of  the  publiquc  chardges 
followinge,  vizt : 

lb.  of  tobacco. 
5875 
103000 
7351 
1680 
3400 
0150 
0300 
0100 


Imprimis  to  Capt.  Michael  Marshartt 

to  Capt.  Mathewes  for  the  ffort 

to  Capt.  Pierce 

to  Capt.  Give  uppon  account 

to  Doct.  Pott  uppon  account 

to  Capt.  Osborne  for  lead 

for  Buffe  coales 

to  Win.  Kempe  for  shott 

to  Capt.  Mathewes  for  wachinge,  &c.    0500 

to  Mr.  Corker  1000 

to  Richard  Smyth  0500 

124356 


It  is  therefore  thought  fittinge  that  there  shall  be  le- 
vyed uppon  every  tithable  person  sixty-fowre  pounds 
of  tobacco  per  pol  throughout  this  colony.  And  for 
such  persons  as  have  departed  out  of  this  country  since 
the  contract  for  the  ffort,  and  for  such  as  are  since  de- 
ceased leavinge  sufficient  estates  it  is  ordered  that 
they  shall  be  lyable  to  pay  this  taxe.  And  that  it  be 
required  out  of  the  estates  remayninge  and  the  over- 
plus to  remayne  in  Mr.  Corker's  hands. 


Governor  not 
to  withdraw 
the  inhabi- 
tants from 
their  private 
labours,  on 
his  own  busi- 
ness. 


ACT  XXXVI. 

THE  Governor  shall  not  withdrawe  the  inhabitants 
from  theire  privat  laboures  to  any  service  of  his  owne 
uppon  any  color  whatsoever,  and  in  case  the  publique 
service  require  imployments  of  many  hands  before 
the  holdinge  of  a  Grand  Assembly  to  give  order  for 
the  same,  in  that  case  the  levyinge  of  men  shall  be 


SEPTEMBER,  1632— 8th  CHARLES  1st.  197 

done  by  the  Governor  and  whole  bodie  of  the  Counsell, 
And  that  in  such  sort  as  to  be  least  burthensome  to  the 
people,  and  most  free  from  partialitie;  suddaine  incur- 
sions of  the  Indians,  and  such  like  cases  excepted. 


ACT  XXXVII. 

ALL  the  old  planters  that  were  here  before  or  came  Privilege  of 
in  at  the  last  cominge  of  S  r  Thomas  Gates  shall  be  old  planters, 
exempted  from  theire  personall  service  to  the  warrs 
and  any  publique  chardges  (church  duties  excepted) 
that  belon^e  particularlie  to  theire  persons  notexempt- 
inge  theire  families  except  such  as  shall  be  imployed  in 
cheife. 


ACT  XXXVIII. 

EVERY  private  planter's  devident  shall  be  survey-  Each  mans 
ed  and  layd  out  in  severall,  and  the  bounds  recorded  land  to  be 
by  the  surveyers,  if  theire  be  any  petty  differences  be-  Abound* 
twixt  neighbours  about  theire  devidents,  to  be  decyded  recorded. 
by  the  surveyors,   yf  of  mayne   importance,  to  be  re- 
ferred to  the  Governor  and  Counsell.  Appeal. 


ACT  XXXIX. 

FFOR  encouragement  of  men   to  plant  store  of 
corne,  the  price  shall  not  be  stinted,  but  it  shall  be  free   Price  of  corn 
for  every  man  to  sell  it  as  deere  as  he  can,  the  reason   not  f"be  '•- 
and  ground  hereof  beinge  contrary  to  the  president  of 
other  countryes  and  kingdoms,  in  regard  all  men  may 
plant  what  store  of  come  they  please. 


ACT  XL. 


[Obliterated.*] 


ACT  XLI. 


[Obliterated.*] 


"These  two  acts  are  obliterated,  but  it  appears  from  the  marginal 
abstract  which  u  preserved,  that  act  XL  prohibited  any  trade  with 
the  Indian-,  lor  corn,  and  act  XLI  directed  that  planters  should  go  in 
sufficient  parties  to  ^uard  against  the  attacks  of  the  Indians. 


J  98 

Arms 


LAWS  OF  VIRGINIA, 

ACT  XLII. 

NOE  man  shall  goe  to  worke  in  the  grounds  with- 
out theire  armes,  and  a  centinell  uppon  them 
places  where  the  commander  shall  require  it. 


Watch. 


Not  to  spend 
powder. 


To  co  armed 
ro  church. 


Obedience 
o  superiors. 


Adjoining 
plantations 

to  assist  the 
frontiers  in 
case  of  alarm. 


Exportation 
of  certain 


ACT  XLIII. 

THERE  shall  be  due  watch  kept  by  night  where 
neede  requires. 


ACT  XL1V. 

NOE  commander  of  any  plantation,  shall  either 
himselfe  or  suffer  others  to  spend  powder  unne- 
cessarilie,  that  is  to  say,  in  drinkinge  or  enterteyn- 
raents. 


ACT  XLV. 

ALL  men  that  are  fittinge  to  beare  armes,  shall 
bringe  their  peires  to  the  church  uppon  payne  for 
every  effence,  if  the  default  be  in  the  master,  to  pay 
2ib.  of  tobacco,  to  be  disposed  by  the  church-wardens, 
who  shall  levy  it  by  distresse,  and  the  servants  shall 
be  punished         commander. 


ACT  XLVI. 

NOE  person  within  this  colony  uppon  the  rumour 
of  supposed  change  and  alteration  shall  presume  to 
be  disobedient  to  the  present  government,  nor  servants 
to  theire  private  officers,  masters  and  overseers,  at 
their  uttermost  perill. 


ACT  XLVII. 

THE  adioyninge  plantations,  shall  assist  the  fron- 
tiers or  theire  neighbours,  uppon  alarums,  the  de- 
fault to  be  severelie  censured,  and  false  alarums  pu- 
nished. 


ACT  XLVIII. 

IT  is  ordered,  That  no  cow   hides,  oxe  hides,  bull 
hides,  goats  skins,  deare  skins,  or  other  hides,  or  skins 


SEPTEMBER,  1632— 8th  CHARLES  1st.  199 

whatsoever,  shall  be  sent  orcarryed  out  of  this  colony  nil,es  and. 

uppon  forfeiture  of  thrice  the  value  thereof,  the  one  bked.       ' 
ha  He  to  the  informer,  and  the  other  halfe  to  publique 

uses.     Beaver  skins,  otter  skins  and  all  sorts  of  furrs  Beaver  &ot- 

.„„„„.„]  ter  skins  ex- 

excepted,  cepted. 


ACT  XLIX. 

NOE  man  shall  kill  any  wild  swyne  out  of  the  forrest  wild  ho°-s 

or  woods,  except  in  his  or  devident,   without  nottobckilt 

leave  or  lycense  from  the  Governor.    But  it  is  thought  "?  ^lesa 

convenient  that  any  man  be  permitted  to  kill  deare  or  man's  own 

other  wild  beasts  or  fowle  in  the  common  woods,  for-  ,and- 
rests,  or  rivers  in  regard  that  thereby  the  inhabitants 

may  be  trained  in  the  use  of  theire  armes,  the  Indians  Deer  &  wild 

kept  from  our  plantations,  and  the  wolves  and  other  eastsBia) 

vermine  destroyed.    And  for  encouragement  to  destroy  R 

the  wolves,  it  is  thought  that  whosoever  shall  kill  a  killing'  ° 

wolfe,  and  bringe  in  his  head   to  the  commander,  it  wojves 
shall  be  lawfull  for  such  person  or  persons  for  every 
wolfe  soe  kild,  to  kill  also  one  wild  hogg  and  take  the 
same  for  his  owne  use. 


is  or 


ACT  L. 

HIGHVVAYES  shall  be  layd  out  in  such  convenient  Roads 
places  as  are  requisite  acc.ordinge  as  the  Governor  Wgh  ways  to 
and  Counsell  or  the  commissioners  for  the  mounthlie     e  ai  ou 
oorts  shall  appoynt,  or  accordinge  as  the  parishion- 
ers of  every  parish  shall  agree. 


ACT  LI. 

ALL  such  as  will  seate  downe  and  inhabit  betweene  Settlement 
the  heads  of  Archer's  Hope  Creeke,  and  Qucenes  rights  in  a 
creeke  shall  be  free  of  all  generall  taxes  until!  some  JJjJ™11  dis" 
other       shall  be       without  them,  and  they  shall  have 
fifty  acres  of  land  for  every  person  that       yeare  seate 
Micro,  as  the  planters  of  Kiskyake  have  had. 


ACT  LII. 

EVERY  man  shall  enclose  his  ground  with  sufficient  G,ounfJsto  be 
fences  or  else  to  plant,  uppon  theire  owne  perill. 


200 


LAWS  OF  VIRGINIA, 
ACT  LHI. 


Commanders 
to  exercise 
their  men  on 
holidays  ;  and 
take  a  census 
of  the  inhabi- 
tants yearly, 
with  their 
arms   and 
other  proper- 


IT  is  ordered  and  nppoynted.  That  the  comanders  ot 
all  the  severall  plantations,  doe  upon  holy  dayes  ex- 
ercise the  men  under  theire  command,  and  that  the 
commanders  yearlie  doe  likewise  uppon  the  first  day 
of  December,  take  an  exact  muster  of  theire  men,  to- 
geather  with  the  women  and  children,  theire  ages, 
countryes,  and  townes,  where  they  were  borne,  with 
the  names  of  the  shipps  they  came  in,  and  the  yeare 
of  the  Lord,  as  also  of  armes  and  munition,  corne, 
cattle,  hoggs,  goates,  shipps,  barques,  boates,  gardens, 
orchards,  and  yf  they  shall  make  default,  to  be  censur- 
ed by  the  Governor  and  counsel  I. 


boats  not  to 
be  employed 
in  the  Cana- 
da trade  un- 
less of  a  par- 
ticular con- 
traction 


ACT  LIV. 

IT  is  thought  fitt,  That  no  boates  be  permitted  to 
goe  and  trade  to  Canida  or  elsewhere  that  be  not  of 
the  burthen  of  ten  tunns,  and  have  a  flush  decke,  ov 
fitted  with  a  gratinge  and  a  tarpaulinge  exceptinge 
such  as  be  permitted  for  discovery  by  a  speciall  ly- 
rense  from  the  Governor. 


ters  01 
vessels  trans- 
porting per- 
sons out  of 
the.  colony, 
-.vidiout  no- 
tice, liable 
for  th'  •: 


ACT   LV. 

NOE  master  or  commander  of  any  vessel I,  boates, 
barques,  or  shipps,  shall  transport  any  person  or  per- 
sons out  of  this  colony  except  the  sayd  person  or  per- 
sons doe  give  notice  thereof  in  the  place  where  he  or 
they  arc  then  resident  ten  dayes  before  his  departure 
uppon  the  penaltic  to  pay  all  such  debts  as  all  such 
persons  shall  stand  indebted  unto  any  person  within 
this  colony  at  the  tyme  of  his  or  theire  departure. 


ACT  LVI. 

_.  IT  is  ordered,  That  no  person  or  persons  shall  de- 

Ao  persou  to  .    .  .  .  .'        .  .  '    .  .  .  ... 

remove  to  part  out  of  this  colony  to  innabitc  or  abide  within  any 

NTew England  other  plantations,  of  New-England  or  elsewhere,  un- 

v;!l""!.t '''    ,  lesse  he  obteyne  a  lvcense  or  passe  for  his  departure 

cense  I  root  the  .  J  »     i         -i 

■  ov-re  un'fpr  die  Governors  hand. 


SEPTEMBER,  1632— 3th  CHARLES  1st.  201 

ACT  LVII. 

[Obliterated.]  Secretary's 

— —  fecs_ 


ffor  a  ifreedome 

ffor  a  commission  of  adminst.  20 

ffor  a  patent  30 

ffor  recordings  per  sheete  2 

ffor  an  order  of  cort,  5 

And  yf  the  secretarie  shall  desire  it  he  may  require 
for  every  5  lb.  of  tobacco  here  mentioned,  one  bushel 
of  corne. 


ACT  LVIII. 

THE  Marshalls  flees  shall  be  as  followeth,  vizt.         Marshall 

fees. 

ffor  an  arrest         -         -  10  lb.    Tobacco. 


warninge  to  the  cort  -        2 

T  (  comeinge  in  10 

Imprisonment  i       •       D  irk 

1  ( goinge  out  10 

Layinge  by  the  heeles         -         5 

Whippinge  ) 

Pillory        V  -  -  10 

Duckinge    } 

And  for  lodginge  and  diett  as  they  can  agree. 

And  for  every  5  lb.  of  tobacco  the  marshall  may  re- 
quire one  bushel  of  corne. 


ACT  LIX. 

JT is  thought  jitt  and uccordinglie  orderd,  That  there   Estates  of 
be  a  publication  made  that  all  estates  of  any  deceased   deceased 
persons,  be  appraised  after  the  rate  of  money  and  not  ^^HJd^n 
in  tobacco  as  hath  hcene  accustomed  heretofore,  and   money,  and 
where  the  deceased  part'u-  shall  die  in  debt,  It  is  thought  sold  at  public 
fitt,  That  the  estate  shall  be  sould  by  outcry,  and  no- 
tice  of  the  sayd  outcry  to  be  given  8  dayes  before. 

2  B 


202 


LAWS  OF  VIRGINIA. 


The  22d  ol' 
March  to  he 
annually  ob- 
served as  a 
holliday. 


ACT  LX. 

IT  is  ordered,  That  the  22d  day  of  March  be  yeare- 
lie  kept  Holy  da}'  in  com  em  oration  of  our  deliverance 
from  the  Indians  at  that  bloudie  massacre  which  hap- 
pened uppon  the  22d  of  March  1621. 


How  these 
acts  to  be 
published. 


ACT  LXI. 

LASTLY,  It  is  ordered,  That  these  acts  shall  be 
published  throughout  this  colony.  And  that  the  comis- 
sioners,  for  the  mounthlie  corts  doe  at  the  beginninge 
of  theire  corts  read  or  cause  to  be  read  all  these  acts, 
and  that  true  coppyes  thereof  be  kept  in  the  corts  to  be 
afforded  to  be  read  by  all  that  shall  desire  the  same. 


A 


iCFThe  MS. 
from  which 
the  acs  of  this 
session  were 
printed,  is  now 
in  the  library 
of  Congress  at 
Washingtou. 


HOLDEN    AT    JaMES      ClTTY     THE    FIRST    DAY-OF    FE- 
BRUARY, 1632-3. 


BEINGE  present  Sir  John  Harvey,  Knight  Go 
vernor,  Sec. 

Capt.  ffrancis  West,  Capt.  John  Utye, 

Capt.  Sam.  Mathewes,  Capt.  Thomas  Pitrijie, 

Capt.  Wm.  Cluyborne,  C 'apt.  Richard  Bullucke, 

Capt.  Wm.  Tucker,  Capt.  Wm.  Peirce, 

Mr.  Wm.  ffarrar,  Capt.  Wm.  Perry, 

s\ir.  Henry  ffinch,  Mr.  John  Brewer, 

The  names  of  the  Burgisses  were  as  followeth,  vizt : 

ffor  Arrowhattocke, Henrico  )  ^         m,  n  , 

i        c  r       i  c >    r*     i      ?  Capt.  1  nomas  Usborne 
necke  oi  Liand  &  Curies  }        r 

fforShirleyHundredMayne  >  M     w^  A 
&  Cawses  Care.  } 

ffor  Shirley  Hundred  Hand — Mr.  Rice  Hooe. 

ftbr  Westover&ifflowerdue  Hund.— Capt.Thos.Paulett 

ffor  Wyanoake — Wm.  Emerson,  gent 


FEBRUARY,  1632-3 — Sth  CHARLES  1st  303 

(tor  James  Citty,  Checoho-  )  T  ,     >-,     . 

idu     i    •    i       >  John  Corker,  gent, 
minej-andrasbeyheignes  )  D 

fibr  Neckeof  Land — Thomas  Crumpe,  gent, 

ffor  Archers  Hope  &  Gleabe  )„  ^ 

Land  \  Hen'7  Cenc>''  Sent* 

ffor  Smythes  mount,  the  o-  ^ 

ther  side  of  the  water  and  >  Thomas  Grindon,  gent 
Hogg  Hand  ) 

ffor  Harropp  and  to  C  Richard  Brewster,       7 
Martins  Hand.       \  John  Wareliam.  ) 

a-     -mi     .•      vt      i     j  {  David  Mainsfield,       ) 
nor  Martins  Hundred  <  ,,   ,  ,,  e        i  >  gents. 

£  Rob't  bcotehmore,     )  ° 

ifor  Mulbury  Hand     |  ^aj^^9^     ]  Sents' 

ffor  Stanley  Hundred  j|  R*^r  ^ilk"PRS'        ]  gents. 

-     -p.     ,.   ,  ^  Capt.  Thomasfflynt,  > 

nor  Denbigh  Wn  u      u*  t  gents. 

(  I  nomas  Hawkins,      $ 

*r     w  ,       (  John  Upton,         t      } 

ftor  WarroS(lu>'oake    1  Robert  Savin,      '      \S^s. 

ffor  Nutmegg  Quarter — ffrancis  Hough,  geni. 

ffor  the  upper  parts  of  (  Thomas  Sheppard,    ") 
Elizabeth  Citty       { John  Sipsey,  5 

ffor  the  lower  parts  of  (  William  English,        > 
Elizabeth  Citty       \  John  Arunell,  )  ° 

TCapt.  Edmund  Scarborough,  > 

ffor  Accaw- J' John  Howe,  ) 

macke      ]  Roger  Saunders.  ^  ° 

^John  Wilkinson,  $ 

ffor  Kiskyake — Capt.  Nichs.  Martian. 

ffor  Yorke — Lyonell  Goulston,  gent. 

ACT  I.* 

WHEREAS  divers  acts  and  orders  were  made  and 
established  in  the  Grand  Assembly  holden  at  James  Citty  Preamble 

*  The  acta  of  this  session   are  not  numbered  in  the   M3.  either  in 
♦he  margin  <jr  elsewhere 


204 


LAWS  OF  VIRGINIA, 


20th  &  21st 
acts  ol  hist 
session  re- 
pealed. 


5  stores  or 
warehouses 

established. 

Inspectors  ; 
t«ne  of  the 
council  al- 
ways to  be 
of  the  num- 
ber. 

Bad  tobacco 
to  be  burnt ; 
and  planter 
disabled  from 
planting  any 
more. 


No  tobacco 
to  be  paid 
away  oi   re- 
ceived in  pay- 
mi  nt  till  in- 
spected. 


Payments  to 
be  made  at 
the  ware- 
houses. 


All  tobacco 
to  be  bi  o't  to 


the  4th  day  of  September  lost  past,  concerninge  the 
plantinge  awl  trade  of  tobacco  [by  the]  twentieth  and 
one  and  twentieth  acts.  And  whereas  for  divers  good 
considerations,  it  is  thought  fitt  to  ex  pi  ay  ne  the  sayd 
acts  in  many  parts  and  particulars,  and  to  make  some 
alteration  in  some  of  them,  It  is  therefore  ordered, 
That  the  sayd  twentveth  and  one  and  twentyeth  acts 
be  in  all  and  every  part  repealed  and  voyd.  And  that 
these  orders  and  constitutions  followinge  be  establish- 
ed and  observed  within  this  colony. 

ffirst,  The  whole  bodie  of  this  present  Grand  Assem- 
bly, for  the  better  upholding?  the  price  of  this  commo- 
di tie,  and  that  they  may  follow  workes  of  better  conse- 
quence, doth  assent  and  agree  that  there  shall  be  ap- 
pointed five  stores  hereafter  specified  unto  which  the 
planters  shall  be  obliged  to  bringe  in  all  theire  tobac- 
coes  before  the  last  day  of  December,  and  in  the  same 
stores  to  be  repacked,  viewed  and  tryed  by  sworne  men 
appoynted  for  that  purpose,  who  shall  be  one  at  least 
of  thecounsell  whose  dwellinge  is  nearest  to  that  place; 
to  w  home  rest  of  the  commissioners  of  the  seve- 

rall  plantations  shall  be  joyned  assistants  who  shall 
once  a  weeke  or  oftener  yf  neede  require  take  vewe  of 
such  tobaccoes  as  is  brought  in,  cause  all  the  badd  and 
ill  conditioned  tobaccoes  instantlicto  be  burnt  and  the 
planters  thereof  to  be  disabled  further  from  plantinge 
any  more  of  that  commoditie  of  tobacco. 

1st,  Any  tobaccoes  the  sayd  sworne  to  be  good 
and  marchantable,  shall  be  received  into  the  severall 
stores,  and  entered  severall  accounts  of  those  that 

were  the  planters  thereof. 

2d!y,  It  is  ordered.  That  no  person  or  persons  doe 
or  shall  pay  or  receave,  or  cause  to  be  payd  or  receaved 
any  tobaccoes  before  it  have  beene  vewed,  tryed  and 
entered  into  the  stores  aforesayd.  And  all  payments 
of  debts,  shall  be  made  and  done  at  the  sayd  stores, 
with  the  privitie  and  in  the  presence  of  the  store  keep- 
ers ;  and  all  tobaccoes  shall  theire  remayne,  until  such 
tyme  as  the  same  be  laden  away  aboard  some  shipp  or 
shipps  to  be  transported  out  of  this  colony.  And  the 
commissioners  for  the  severall  parts  shall  take  care  to 
see  sufficient  stores  built  and  able  store  keepers  ap- 
poynted  as  the\  will  answer  the  contrary. 

'idly.  And  no  person  or  persons  for  whome  one  or 
more  cropp  or  cropps  of  tobacco  shall  be  planted  may 


FEBRUARY,  1632-3— 3th  CHARLES  1st.         205 

neglect,  withhold,  or  deteyne  any  tobaccocs  from  bring-  ,1,e  ware- 
inge  the  same  to  the  sayd  stores  uppon  penaltie  of  con-   forethe'last 
fiscation  of  soe  much  as  shall  be  kept  backe  at  the  last  day  of  Dec 
day  of  December;  to  which  purpose  alsoe  very  such   Oath  tab* 
person  or  persons  shall  be  sworne  at  or  before  the  last   **    "' 
day  of  December  yearelie,  to  take  his  oath  at  the  sayd 
stores  or  theire  to  present  certificate  of  such  oath   un- 
der the  hand  <>fthe  sayd  commissioners,  that  he  or  they 
have  kept  backe  from  the  sayd   stores  no  tobacco  of 
theire  cropp  or  croups,  except  such  as  is  reserved   for   Exception 
his  or  theire  owne  spendinge  to  use  in  his  familie. 

4thly,  The  sayd  live  stores  shall  be  kept  in  the  pla- 
ces followiijge,  vizt. 

At  James  Cittv,  at  Shirley  hund.  Hand,  Denbeigh,    At  what  pla- 
SouthamptoD  river  in  Elizabeth  Cittv,  and  Kiskyake,   ces,storesor 
vizt.  all  the  inhabitants  in  the  upper  parts,  as  lowe  as  ^tablished 
Weyanoake  shall  bringe  theire  tobacco  to  the  store  at 
Shirley  hund.  Hand,  and  the  inhabitants  from  Weyan- 
oake to  Stanley  hund.  and  Lawnes  Creeke  to  the  store 
at  James  Citty,   and  all   the  inhabitants  from  Stanley 
hund.  and  Laynes  Creeke  downe  to  Maries  Mount  to 
the  store  at  Denbigh.     And  all  the  inhabitants  of  Eli- 
zabeth Citt3',  Accowmacke  and  the  lie  of  Kent  to  the 
stores  in  Southampton  river. 

bthly.   Lastlie  all  the  inhabitants  of  Charles  river  to 
the  store  at  the  Rocks  agaynst  TindalPs  poynt. 

Noe  tobacco  uppon  payne  of  confiscation  after  the   Wha,  tob& 
publication  hereof,  shall  be  made  upp  in  rolle  except  go  may  be 
betweene  the  first  day  of  August  and  the  last  day  of  inafle  l,P  '" 
October,  and  noe  old  tobacco  shall  be  made  upp  upp- 
on the  like  payne  but  that   which  shall  be  cured   that 
present  yea  re. 

Qthly.  Be  it  further  ordered,  That  no  planter  or  mas-  Number  of 

tcr  of  a  familie,  shall  plant  or  cause  to  be  planted  above  plan's  pr-r 

1500  plants  per  pol ;  and  they  which  shall  not  plant  to-  J^' lin,it' 
bacco,  or  they  which  shall  be  otherwise  imployed,  may 

not  transfers  theire  proportion  of  plantinge  the  sayd  p. 

1.500  plants  or  any  part  thereof  unto  any  other  whome-  pitting  not 

ver.    And  as  neere  as  may  be  the  planters  shall  en-  ">  be  trans- 

deavour  themselves  to  plant  and  sowe  these  kindes  of  ,(r"'d- 
tobacco  which  are   of  the  longe  sortes,    and    all  other 

sorts  the  next  yeare  shall  be  quite  left  of,   and    given  u'h>lt  sort  of 

over:  and  to  prevent  any  greater  quantities  every  plan-  p\^C°  to 


>ac- 


206 


LAWS  OF  VIRGINIA, 


Oops  of  to- 
bacco to  be 

viewed  and 
euituted-. 


Penalty  for 
negb-ct  or 
ex<  es»)  on 
the  planter. 


On  the  com- 
manders, of 

plantations. 


<  .ods  to  be 
landed  at 
Jatm  s  City, 
ic  contracts 
for  tobacco 
there  to  be 
made! 


Penalty. 


Price  of  to- 

Hacco. 


Penally  for 
selling  for 
less. 


fnvoires  of 
goods  lo  be 
delivered. 


ter  or  master  of  a  familie  plantmge  a  cropp  of  tobacco 
more  or  lesse  shnll  he  tyed  to  procure  one  of  his  neigh- 
bors, or  some  sufficient  man  to  count  and  nomber  his 
or  theire  plants  of  tobacco  who  will  uppon  his  oaih  de- 
clare and  testifie  unto  the  commander  of  that  place  be- 
fore the  tenth  day  of  July  that  he  hath  counted  and 
nombered  the  sayd  plants  and  shall  say  in  his  consci- 
ence the  iust  and  true  nomber  of  them,  which  thingeyf 
the  sayd  planters  or  maysters  of  a  familie  shall  neglect, 
or  that  the  nomber  of  plants  be  found  to  exceede  the 
proportion  of  1500  plants  per  pol,  then  the  commander 
is  hereby  required,  to  present  it  to  the  mounthlie  corts. 
and  the  commissioners  there  shall  give  present  order  to 
have  that  whole  cropp  of  tobacco  cutt  downe,  uppon 
payne  of  imprisonment  and  censure  of  the  Governor 
and  Counsel  and  Grand  Assembly,  yf  the  sayd  com- 
missioners shall  neglect  the  execution  thereof.  Also 
uppon  neglect  of  the  commander  herein  lie  shall  be 
censured  by  the  Governor  and  Counsell.  And  any 
person  soe  offend inge  in  exceedinge  the  quantitie  of 
1500  plants  per  pol  as  is  aforesayd  shall  be  utterlie  ex- 
cluded from  plantinge  tobacco,  after  due  conviction  of 
the  s;ty  d   offence. 

Ithly,  All  goods  shall  be  landed  at  James  Citty  ex- 
ceptiuge  such  beddinge  and  wearinge  apparell  -as  be- 
longe  to  passengers.  And  all  contracts,  bargaines  and 
exchanges  in  tobacco  for  any  part  of  the  sayd  goods 
shall  be  there  only  made  ami  done,  with  the  privitie  of 
such  store  keepers  as  shall  be  appoynted  at  James  Cit- 
ty, uppon  penal  tie  of  the  forfeiture  of  the  sayd  goods 
and  tobacco,  both  for  the  buyer  and  the  seller,  which 
shall  be  elsewhere  or  otherwise  bought  or  sould.  And 
no  person  or  persons  sellinge  or  barteringe  his  tobacco 
shall  directlie  or  indirectlie  take  any  goods  tor  the  same 
under  the  rate  of  six  pence  per  pound  lor  every  pound 
of  tobacco,  which  he  or  they  shall  soe  barter  or  sell,  as 
the  goods  first  cost  in  Enghind  bona  fide  uppon  penal- 
tie  of  the  sayd  offence,  to  forfeite  the  sayd  tobacco  soe 
bartered  or  sould,  the  one  halfe  of  which  forfeiture 
shall  be  to  the  informer,  and  the  other  halfe  to  pub- 
lique  uses,  and  shall  also  suflVr  such  other  punishment 
as  shall  be  thought  fitt  by  the  Governor  and  Counsell. 

ftthhj,  And  to  avoyd  any  indirect  courses  herein  to 
frustrate  the  good  intention  of  this  act  all  masters  oi 


FEBRUARY,  1632-3— 8th  CHARLES  1st.  2<>: 

pursers  of  shippinge  shall  deliver  uppon  oath  the  true 
contents  of  all  such  goods  as  are  imported  in  theire 
shipps;  and  that  they  have  discharged  none.  And  yf 
they  shall  finde  any  more  than  is  conteyned  in  the  in- 
vo\ce  which  they  shall  deliver,  they  shall  give  know- 
ledge thereof  before  thev  land  the  same.     And  further 

9  i  i     n   i  I  .  I      Searchers  t" 

to  that  purpose  searchers  shall  be  appoynted  to  search  be  appoill(. 
the  shipps  and  secret  places  of  the  sayd  shipps.  and  to   eri 
seize  all  concealed  goods.  *»<?*  - 

%' 
ACT  II.  §hj' 

An  act  concerninge  Mynisters'  allovxm 


THE  whole  bodie  of  the  Assembly  ta 
theire  consideration  the  allowance  of  the 
calves,  kidds,  and  piggs  graunted  unto  the 
in  the  14th  act  in  the  Assembly  holden  on  tl 
of  September  last  past,  and  made  to  endure 
terme  of  one  whole  yeare,  then  next  ensuinge,  f< 
better  encouragement  of  the  mynisters  in  thei  recalling!?? 
have  thought  fitt  to  continew,  the  sayd  14th  act  in  all 
parts  and  respects,  until)  the  sessions  of  the  next  As- 
sembly. 


ACT  III. 

An  act  for  the  payment  of  the  Mynisters'  Tobacco  and 

Come. 

CONCERNINGE  the  payment  of  the  duiie  of  So  much  of « 
10  lb.  tobacco  to  the  mynisters  appoynted  by  the  16th  f££*J$£ 
act  of  the  Assembly  holden  the  4th  day  of  September  the  ministers 
last  past,  It  is  thought  fitt,  That  the  sayd  act  be  repealed   allowance  of 

J        l       ,  to      J      \x   .i      i     •       •  •        f4i      ,    .,  i    tobacco  shall 

so  farr  forth  as  concerncth  the  bnnginge  in  of  the  sayd  liecanied  to 
10  lb.  of  tobacco  unto  appoynted  places  for  that  pur-  them,  repeal 
pose  ;  and  in  all  other  poynts  to  continue  and  remayne  «!■ 
in  full  force  and  strength.     And  it  is  further  ordered  by 
the  Assembly,  That  the  sayd  dutie  of  ten  pounds  of  to- 
bacco be  payd  to  such  whome  the  mynister  shall  ap-  Such  ioi 
poynt  at  the  severall  stores  aforesaid,  before  any  other  JJ'StthV**' 
tobacco  of  any  man's  cropp  be  disposed  of  warehouses 


208  LAWS  OF  VIRGINIA, 

ACT  IV. 

An  act  that  the  JMynisters  appoynt  Deacons  in  remoatc 
places  to  read  common  prayer. 

Ministers  to  IN  such  places  where  the  extent  of  the  cure  of  any 

appoint  dea-       mynister  is  so  large  that  he  cannot  be  present  himselfe 

on  the  Sabotli  dayes  and  other  holvdays,  It  is  thought 

fitt,  That  they  appoynt  and   allow   mayntenance  for 

deacons  where  any  havinge  taken  orders  can  be  found 

for  the  readinge  common  prayer  in  their  absence. 


ACT   V. 

An  act  for  Tradesmen  to  worke  on  theire  trades. 

Mechanics  to  THE  necessitie  of  the  present  state  of  the  country 

trade*  and'1       requiringe,    It  is  thought  jitt,  That  all  gunsmiths  and 

not  to  plant       naylers,  brickmakers,  carpeutersjoyners,  sawyers,  and 

tobacco  or         turners,  be  compelled  to  worke  at  theire  trades  and  not 

corn"  suffered  to   plant  tobacco  or  come  or  doe  any  other 

worke  in  the  ground — And  the  commissioners  in  the 

severall  parts  of  this  colony,  shall  take  care  to  see  this 

act  performed.     And  further  to  see  that  they  have  good 

payment  made  unto  them  for  theire  worke  out  of  the 

stores  as  soone  as  the  tobacco  is  brought  thither. 

ACT  VI. 

An  act  for  the  Seaiinge  of  the  middle  Plantation. 

Encourage-  IT  i$  ordered,  That  every  foityeth  man  be  chosen  and 

ment  forseat-  maynteyned  out  of  the  tithable  persons  of  all  theinha- 
dle  planta-  bitants,  within  the  compasse  of  the  forrest  conteyned 
lion.  betweene  Queenes  creeke  in  Charles  river,  and  Archers 

Hope  creeke  in  James  river,  with  all  the  lands  included, 
to  the  bay  of  Chesepiake,  and  it  is  appoynted  that  the 
sayd  men  be  there  at  the  plantation  of  Doct.  John  Pott, 
newlie  built  before  the  first  day  of  March  next,  and 
that  the  men  be  imployed  in  buildinge  of  houses,  and 
securinge  that  tract  of  laud  lyinge  betweene  the 
sayd  crcekes.  And  to  doe  such  other  workes  as 
soone  as  may  bee.  as  may  defray  the  chardges  of  that 
worke,  and  to  be  directed  therein  as  they  shall  be  or- 
dered by  the  Governor  and  Counsel],  And  \(  any 
flee  men  shall  this  yeare  bef  re  •he  first  day  of  May, 
voluntarilie  goe  and  seate  uppon  the  sayd  place  of  the 


FEBRUARY,  1632-3— 8th  CHARLES  1st.  209 

middle  plantation,  they  shall  have  fifty  acres  of  land 
Inheritance,  and  be  free  from  all  taxes  and  publique 
ehardges  accordinge  to  a  former  act  of  Assembly  made 
the  forth  day  of  September  last  past. 


Extract  from  the  Minutes  of  the  Judicial  Proceedings 
of  the  Governor  a?id  Council  in  Virginia. 

"24th  June,  1633. — A  woman,  Margaret  Hatch, 
"  indicted  for  murdering  her  child.  Petit  jury  find 
"her  guilty  of  manslaughter.  Sentenced  to  be  hang- 
"  ed  5  pleads  pregnancy  ;  and  jury  of  Matrons  find 
"  her  not  pregnant." — Ancient  Records,  vol.  3,  pa.  224 


©BAST®  ABSHBDHLTt 


ACTS 

MADE  BY  THE  ITThe  MS. 

from  which 
the  acts  of 
this  session 
were  printed 

HOLDEN  AT  JaMES   ClTTY,  THE  21  St  AUGUST,   1633.       is  now  in  the 

library  of 
— —  Congress  at 

Washington- 

ACT  I.* 

An  act  conccrninge  the  Orders  about  Tobacco. 

WHEREAS  for  the  better  orderinge  of  tobacco,  as  Preamble 
well  concerninge  the  trade  as  the  plantinge  thereof 
divers  acts  from  tyme  to  tyme  have  been  made  and 
established,  yet  partlie  for  the  imperfections  and  in- 
convenyencyes,  that  are  found  and  doe  appeare  in 
sundry  of  the  said  acts,  and  for  the  varietie  and  nomber 
of  them,  and  cheifelie  for  that  the  price  of  tobacco  in 
the  same  sett  and  lymited  is  so  small  and  not  answer- 
able to  this  tyme,  respectinge  the  present  advancement 
of  this  commoditie  in  the  kingdome  of  England  and 
other  parts  the  said  act  cannot  convenientlie  be  under- 
stood, nor  without  great  prejudice  continew  and  be  put 
in  execution.  And  as  the  said  severall  acts  were  at  the 
makinge  of  them  thought  to  be  very  good  and  benefi- 


*  The  acts  of  this  session  are  generally  numbered  in  the  MS   ih 
the  margin 

2  C 


21« 


LAWS  OF  VIRGINIA, 


Forma  acts 
concerning 

tobacco  re- 
pealed. 


Goods  to  be 
bartered  for 
lobacco  at 
James  City 
only. 

Limitation  of 
the  price  of 
tobacco  and 
.loods. 


Penalty  for 
evading  the 
law. 


Not  to  ex- 

^nrl  to  do- 


ciall  tor  the  common  welfare  of  this  colony,-  as  clivers 
of  ihem  yet  are  so,  yf  the  substance  of  as  many  of  the 
said  orders  as  are  meete  to  be  continewed  shall  be  re- 
duced and  digested  into  one  solo  law  and  act  in  some 
unifortne  order  prescribed  and  lymited  for  the  prices 
o{  tobacco,  and  also  for  the  tuue  dischardginge  and 
landinge  of  all  goods  and  marchandise  at  the  port  ot 
James  Citty,  there  is  good  hope  that  it  will  come  to 
passe  that  the  same  lawebeinge  dulie  executed,  should 
advance  the  price  of  this  comoditie,  and  yeild  unto 
the  planters  a  good  helpe  towards  theire  supportation 
and  further  enablinge  them  to  take  in  hand  workes  of 
better  consequence ; 

Be  it  therefore  enacted  by  the  authoritie  of  this  pre- 
sent Grand  Assembly,  That  the  orders  made  in  the 
Grand  Assembly  holden  the  first  day  of  ffebruary  1632, 
in  one  act  intituled  uThe  ordersconcerninge  tobacco,'" 
with  the  severall  parts  in  eight  distinct  branches  spe 
cified,  and  the  penaltie  and  forfeitures  concerninge 
the  same,  shall  be  from  and  after  the  publication  here 
of  repealed  and  utterlie  voyd,  And  likewise  that  the 
20  and  21st  acts  made  the  4th  day  of  September,  1632, 
be  also  repealed  and  of  none  effect. 

And  be  it  further  enacted,  That  all  goods  and  mar- 
chandise imported  into  this  colony  which  shall  be  sould 
for  tobacco  shall  be  only  sould  and  bartered  at  James 
Citty,  with  the  knowledge  and  privitie  of  such  store- 
keepers as  shall  be  there  appoynted,  who  shall  be  able 
to  testifie  whether  9d  per  lb.  be  really  given  for  the 
said  tobacco  and  marchandize  uppon  penaltie  of  the 
forfeiture  of  the  said  goods  which  shall  be  otherwise 
bought  and  bartered.  And  yf  any  person  or  persons 
within  this  colony  doe  directlie  or  indirectlie  sell  or 
barter  away  any  of  the  tobacco  of  the  groath  of  this  co- 
lony for  such  goods  as  he  or  they  shall  buy  at  James 
Citty, under  the  rate  of  9d  per  lb.  bona  fide  as  the  goods 
firstcost  in  England  he  or  they  shall  forfeite  for  soedo- 
inge  the  said  tobacco,  the  one  halfe  of  which  forfeitures 
shall  be  to  the  informer  and  the  other  halfe  to  publique 
uses;  and  shall  also  suffer  such  further  punishment  a; 
shall  be  thought  Cut  by  the  governor  and  Counsell. 

Ne-oerthelesse  it  shall  and  may  be  lawfull  and  free  to 
buy  and  barter  for  tobacco  at  such  rates  as  the  partie* 


AUGUST,  1633— 9th  CHARLES  1st.  211 

can  agree,  any  lands,  leases,  houses,  servants,  corne,  mesne  art! 
cattle,  hoggs,  poultry  or  any  household  stuffe,  hides, 
skynnes  or  any  other  such  comodities  as  are  or  shall 
be  raised,  built  or  made  in  this  colony.     Any  thing  in 
this  act  to  the  contrary  conteyned  notwithstandinge. 

lie  it  further  enacted  and  appoyntcd,  That  there  be  j  stores  or 
seaven  stores  erected  and  built  in  the  places  hereafter  warehouses 
specified,  vizt.  the  first  and  second  of  the  said  stoics, 
to  be  sett  upp  in  the  upper  parts  in  such  convenient 
places,  as  the  counsellors  and  comissioners  for  those 
parts  shall  thinke  most  fittinge,  for  the  ease  of  the  in-  c 
habitants,  comprehendinge  all  the  plantations  on  both 
sides  the  river  from  the  falls  to  Weyanoake  includinge 
the  plantations  of  Weyanoake.     Audit  is  farther  a/j- 
poynted,  that  the  third  store  be  erected  and  built  at 
James  Citty,  for  the  inhabitants  from  Weyanoake  to 
Stanley  Hund.  and  Lawncs  creeke  on  both  sides  the 
river.     And  the  forth  store  to  be  for  the  inhabitants  of 
Warrosquyoake  in  such  convenient  places  where  the 
comissioners  shall  appoynt.    And  the  lift  store  at  Den-  Commission, 
high  comprehendinge  all  the  inhabitants  there,  in  Stan-  ersio  cause 
ley  Hund.  and  from  thence  dovvne  to  Maries  Mount,  stores  to  be 
And  the  sixt  store  to  be  in  Southampton  river,  for  the  ||"efi>w  ap-* 
inhabitants  of  Maries  Mount,  Elizabeth  Citty,  Accaw-  pointed 
macke  and  the  He  of  Kent.     And  the  seaventh  store  to  Al1  ti°!':.tcc° 
be  in  Charles  river,  for  the  inhabitants  of  Kiskyake,  jotheware- 
Jforke,  and  the  places  adioyninge.   And  the  comission-  houses  be- 
ers for  the  severall  parts  shall  take  care  to  see  sufficient  *?"* th. ij* st 
stores  built  and  able  store  keepers  appoynted  as  they  i„'be  inspect 
will  answer  the  contrary.     And  all  the  planters  shall  < «  Ijy  sworn 
be  obleiged  to  bringe  in  all  their  tobaccoes  into  the  said  g,^,',^'hs, 
severall  stores  before  the  last  day  of  December  next,  council, 
and  soe  forth  from  yeare  to  yeare.     And  all  the  said  wln^  dwell- 
tobacco  beinge  brought  into  the  said  stores,  shall  be  ,.'sr  t'0  be 'ai • 
there  repacked,  viewed  and  tryed  by  sworne  men  nomi-  ways  an  in- 
nated  for  that  purpose,  whereof  one  at  least  to  be  of  si)ector* w  »« 
the  counsel  I,  whose  duelhnge  is  neerest  to  ilir<:.  place,  Cojnm.i*i 
to  whome  the  rest  of  the  comissioners  of  the  severall  era. of  m 

plantations  shall  be  ioyued  assistants, who  togeather  with    ' .'.  "u  '* 
r    i         i  ii       J  i    ii  i  ,•  Ie,!' 

such  as  they  shall  appoynt  shall  once  a  weeke  or  clicn-  <  ;,re  a 

er  yf neede  require,  take  veiwe  of  such  tobacco  as 
brought  in,  and  cause  the  badd  and  ill  conditioned  to- 
bacco instantly  to  be  burnt.    And  such  tobacco  as  the    . 
said  sworne  shall  finde  to  be  good  and  marc  haul  '■'•  on 


• 


2L2 


LAWS  OF  VIRGINIA, 


account  of 
the  planters. 


able,  shall  be  receaved  into  the  said  stores  and  uppon 
the  severall  accounts  of  these  that  were  the  planters 
thereof.  Furthermore  it  is  ordered,  that  no  person  or 
persons  doe  or  shall  pay  or  receave  or  cause  to  be  payd 
or  receavcd  any  tobacco 

[Obliterated,]  


Tobacco  to 
be  brought 
to  ware- 
houses before 
last  day  of 
December. 


Oath  to  be 
taken 


.Reservation 
for  planter's 
own  use. 


When  and 
whnt  tobac- 
co to  be  made 
up  in  rolls. 


Limitation  of 
number  of 
plants  per 
head. 


Risht  to 
plant  not  to  be 
transferred. 
What  sorts 
to  be  planted. 


Crops  to  be 
viewed  and 
numbered. 


And  any  person  or  persons  for  whome  one  or  more 
cropp  or  cropps  of  tobacco  shall  be  planted  shall  not 
withhold  or  reteyne,  any  tobacco  from  bringinge 
the  same  to  the  said  stores  uppon  penahie  of  confisca- 
tion of  soe  much  as  shall  be  kept  backe  at  the  last  day 
of  December,  to  which  purpose  also  every  such  person 
or  persons  shall  be  sworne  at  or  before  the  last  day  of 
December  yearlie  to  take  his  oath  at  the  said  stores,  or 
there  to  present  certificate  of  such  oath  under  the  hands 
of  the  said  comissiouers  that  he  or  thev  had 
kept  back  from  the  store  no  tobacco  of  theire  cropp  or 
cropps  except  such  as  is  reserved  for  his  or  theire  owne 
drinkinge,  [a]  to  use  in  his  or  theire  owne  families,  &c. 

And  no  tobacco  upon  payne  of  confiscation  after 
the  publication  hereof,  shall  be  made  upp  in  rolle  ex- 
cept betweene  the  first  day  of  August  and  the  last  day 
of  December.  And  no  ould  tobacco  shall  be  made  upp 
upon  the  like  payne,  but  such  as  is  cured  that  present 
yeare. 

Be  it  further  enacted,  That  no  planter  or  master  of  a 
familie,  shall  plant  or  cause  to  be  planted  above  1500 
plants  per  pol,  and  they  which  shall  not  plant  tobacco, 
or  they  which  shall  be  otherwise  imployed  shall  not 
transfer  to  make  over  their  proportion  of  plantinge, 
the  said  1500  thereof  unto  any  other  person  or 

persons  whatsoever,  and  as  neere  as  may  be  shall 

endeavour  themselves  to  plant  and  sowe  these  kinds 
of  tobacco  which  are  of  and  all  other  sorts  the 

next  yeare  shall  be  quite  left  and  given  over.     And  to 
prevent  quantities,  every  planter  or  master  of  a 

familie,  plantinge  a  cropp  of      shall  be  tyed  to  procure 
one  of  his  neighbors  or  some  other  sufficient  man,  to 
his  or  theire  plants  of  tobacco,  who  will  upon  his 


[a]  Spendinge  in  former  act. 


AUGUST,  1633— 9th  CHARLES  1st.  213 

oath  declare  and  testifie  unto  of  Return  on 

that  place  before  the   last  day  of  July  yearelie  that  he  oatI' 

hath  counted  and  nombered  the  said  plants,  and  shall 

say  in  his  conscience  the  iustand  true  nomber  of  them, 

which  thinge  yf  the  said  planter  or  master  of  a  familie 

shall  neglect,  he  shall  forfeite  for  the  said  neglect  the 

value  of  £10  sterlince  to  the  mainteynance  of  the  cas-  P(Mlnl,v  fo! 

«.  *  neglect. 

tie.  And  the  commander  is  hereby  tyed  under  severe 
punishment  to  present  such  ofTenders  unto  the  next 
mounthlie  cort  which  shall  cither  take  good  se- 

curitie  for  the  payment  of  the  said  £10  or  commit 
him  or  them  until  they  shall  put  in  sufficient  securitie  or 
pay  the  said  £10  in  money.  And  yf  any  person  or 
persons  shall  be  found  to  exceede  the  nomber  and  pro-  For  rxcecd- 

c  i  r*\/\      i  i     -^  •  i  i     i     •  I  >nff  the  quau- 

portion  ot  1500  plants  per  pol,  it  is  ordered  tnat  he  or  ,it* 

they  shall  forfeite  6d.  for  every  plant  soe  exceeded,  the 

one  halfe  of  which  forfeiture  shall  be  to   the  informer 

and  the  other  halfe  to  publique  uses.     And  further  to  ,nvoices  °J 

,  ,.  j»  i  i  •  goods  to  he 

avoyd  any  indirect  courses  to  frustrate  the  good  inten-  delivered. 
tion  of  this  act,  all  captay  nes,  masters  of  shipps  or  pur- 
sers, or  other  officers  whatsoever,  as  also  all  passengers, 
saylors  and  owners  of  any  goods  imported  into  this  co- 
lony, or  which  shall  as  factors  have  the  disposall  of  any 
such  goods  as  are  imported  for  sale  and  inarchandise, 
shall  deliver         places  oppoynted  at  James  Citty,  the 
true  contents  of  all  such  goods,  and  every  part  thereof 
in  particular  to  the  uttermost  of  theire  knowledge,  and 
that  they  have   not  disposed  nor  sold  any  of  the  said  ^V"  bc 
goods,  and  yf  in  case  they  shall  finde  after  such 
given  in    upon  oath  more  than  are   mentioned  in  the 
same   they  shall  give  knowledge  of  the  same  ;  which   p     . 
oath  yf  any  shall  refuse  to  take  then  he  shall  be  comit- 
ted  to  prison,  untill  he  shall  take  the  same  oath.    And  Searches  to 
further  it  is  ordered,  that  able  searchers  be  appoynted  be  appointed 
from  tyme   to   tyme  to    search    the    holds  and  secrett 
places  of  all  shipps  or  vessels  which  shall  import   any 
goods  as  aforesaid,  and  yf  the  said  searchers  shall  finde 
any  concealed  goods,  they  shall  give  notice  thereof  to 
the  Governor  and  Counsell  and  seize  them  into  theire 
hands. 


i!4 


LAWS  OF  VIRGINIA, 


Vessels  arriv- 
ing not  to 
break  bulk 
till  they 
come  to  J. 
Citr. 


Penaitv. 


Duty  of  com- 
mandec  of 

fort. 


ACT  II. 

An  act  to  repeal  the  23d  act  made  the  4th  day  of  Sep- 
tember, 1632,  and  for  landinge  of  goods  at  James 
Citty  and  speed ie  repaire  of  shipps  thither,  and  dutie 
belonginge  to  the  present  comander  of  the  ffort. 

IT  is  ordered.  That  the  23d  act  made  the  4th  day 
of  September  1632  for  the  dischardgingeandunladinge 
of  all  shipps  at  James  Citty,  be  in  the  whole  and  every 
part  thereof  repealed;  and  that  this  act  in  place  there- 
of, with  such  additions  as  are  therein  conteyned  be  es- 
tablished and  concluded,  Be  it  therefore  enacted,  That 
every  shipp,  barque,  boate  or  vessell  arivinge  into  this 
colony  from  England  or  any  other  parts  whatsoever 
shall,  the  first  wynr]  and  weather,  sayleupp  to  the  port 
of  James  Citty,  and  shall  not  unlade  any  goods 

or  breake  any  bulke  before  she  shall  cast  anchor  there, 
upon  paine  that  thecaptayne,  master,  owner  or  pilott,  of 
thesaid  shipp.  barque,  boate,  or  vessell,  havingechardge 
and  command  of  the  samp,  shall  forfeite  the  said  goods, 
or  the  value  thereof,  and  shall  also  suffer  onemounthes 
imprisonment,  the  one  halfeof  which  forfeite  shall  be  to 
him  or  them  who  will  or  shall  sue  for  the  same,  in  any 
cort  within  this  colony,  and  the  other  halfe  to  public 
uses. — And  it  is  further  enacted,  That  the  present  co- 
mander of  the  ffort  at  Poynt  Comfort  or  his  deputie 
appoynted  to  thatpurpose,  upon  the  arivall  of  any  shipp, 
barque,  hoate  or  vessell  the  sea  without  the 

capes,    shall    immediatelie    make  his   repaire  aboard 

[Obliterated]  


Oaths  of  su-      comander  of  the  ffort  shall  administer  unto  them  and 
premacy  and     every  of  them  the  oathes  of  supremacy  and  allegiance, 

•t!le<;iance.  1  •    i         c  •     n         r         .      „<■  1        i  i  i 

which    yl   any   snail  remse  to  taiie  that  then  he  comit 
him  or  them  to  imprisonment. 

And  it  is  further  ordered,  That  the  present  comander 
of  the  ffort.  shall  there  read  and  fixe  at  the  maine  mast 
of  the  said  shipp,  barque,  boate,  or  vessell,  a  proclama- 
tion followinge : 

lamation         " To  the  captaynes,  masters,  commanders,  and  pur- 

to  be  fixed  at     sers  of  anv  shipp,  barque,  boate  or  vessell  arrivinge  at 

the  ffort  at  Poynt  Comfort;  I,  Sir  John  Harvey,  Knight, 

Governor  and  captaynegenerall  of  Virginia  send  greet- 


AUGUST,  1633— 9th  CHARLES  1st.  2V* 

'inge.  These  are  in  his  majesties  name,  to  will  and  re- 
quire and  straightlie  to  chardge  and  command  you  and 
every  of  you  accordinge  to  the  instructions  directed  unto 
me  and  the  Counsell  of  State,  from  the  right  hon'ble 
the  Lords  of  his  Majesties  most  hon'ble  privy  counsel!, 
that  with  the  first  wynd  and  weather,  you  sayle  direct- 
lie  to  the  port  of  James  Citty  ;  and  that  you  unlade  no 
goods  nor  breake  any  bulke  until  you  shall  come  to  an 
anchor  there,  uppon  penaltie  of  the  losse  of  the  sayd 
goods,  and  one  mounthes  imprisonment.  Given  at 
James  Citty  the  21st  day  of  August  Anno  Domini 
1G83." 

And  it  is  further  enacted  and  ordered,  That  all  such  ^il  goods  '« 

J  .  ,  .  i  i .„    be  landed  at 

goods  whatsoever  cominge  in  any  shipp,  barque,  boate  James  city 
or  vessell  unto  the  port  at  James  Citty  as  aforesaid, 
shall  be  there  dischardged  and  landed  upon  penaltie  of 
the  forfeiture  of  all  such  goods  not  soe  dischardged  and 
landed.  Areverthelesse  it  shall  and  may  be  lawfull  to  E  tioil. 
dischardge  and  land  any  beddinge  and  wearinge  appa- 
rell  as  belonge  to  passengers  ;  also  any  strangers  or 
planters  after  leave  obteyned  from  the  Governor,  may 
after  the  arivall  of  the  shipp  at  James  Citty  take  such 
goods  as  belonge  unto  them  for  theire  owne  use,  and 
convey  them  to  such  place  as  they  shall  have  occasion 
to  imploy  them,  provided  that  they  doe  not  sell  these 
goods,  nor  any  part  thereof  for  tobacco. 


ACT  III. 

An  act  for  Wayters  to  be  put  aboard  all  Skipps  at  theire 
arrivall  at  the  fort  at  Poynt  Comfort. 

WHEREAS  it  appeared)  plainelie  that  divers  cap-  Preamble, 
taynes,  masters,  officers,  saylors  and  owners  of  shipps, 
barques,    boates     or    vessels    have    notwithstandinge 
strict  lawes  made  to  the  contrary,  made  contracts,  sales, 
and  delivered   many  goods  after  theire  arrivall  at  the 
fort  at  Poynt  Comfort,  before  theire  castinge  anchor 
at  James  Citty,  for  the  prevention  of  the  like  abuses 
hereafter,  It  is  ordered  by  this  Grand  Assembly,  That 
all  and  every  shipp,  barque,  boate,  or  vessell  arrivinge 
at  Povnt  Comfort,  shall  have  a  sufficient  wayter  put  Waiters  to 
aboarde  from  the  ffort,  and  not  to  ch-part  out  of  the  said  J^VesseU 
shipp,  barque,  boate,  or  vessell,  untill  she  arrive  at  the  at  the  fort 


216 


LAWS  OF  VIRGINIA, 


port  of  James  Citty,  which  wayter  shall  see  that  there 
be  no  breach  o{  any  of  the  acts  by  them  the  captaynes, 
masters,  officers,  saylors,  and  owners,  of  any  goods 
shipt  or  laden  in  any  of  the  said  shipps,  barques,  boates, 
or  vessells. 


Preamble. 


Accounts  io 
contracts  to 
lie  kept  and 
made  in  mo- 
ney. 


\lso  all  pleas 
and  actions 
of  debt  and 
trespass,  or- 
ders, judg- 
ments and 
decrees  to  be 
entered  in 
money. 


ACT  IV. 

An  act  for  all  Contracts,  Bargainee,  Pleas  and  Judg- 
ments to  be  made  in  money  and  not  in  tobacco. 

WHEREAS  it  hath  beene  the  usuall  custome  of 
marchants  and  others  dealinge  intermutually  in  this 
colony  to  make  all  bart^aines,  contracts,  and  to  keepe 
all  accounts  in  tobacco  and  not  in  money,  contrary  to 
the  former  custome  of  this  plantation  and  manner  of 
England,  and  other  places  within  the  king's  domi- 
nions, which  thinge  hath  bread  many  inconveniencyes 
in  the  trade,  and  occasioned  many  troubles  as  well  to 
the  marchants  as  to  the  planters,  and  inhabitants 
amongst  themselves.  It  is  thought  fill  by  the  Governor 
and  Courts  ell  and  the  Burgisses  of  this  Grand  Assembly, 
That  all  accounts  and  contracts,  be  usually  made  and 
kept  in  money  and  not  in  tobacco,  and  to  that  purpose, 
It  is  also  thought  fitt,  That  all  pleas  and  actions  of 
debt  or  trespass  be  commensed  and  sett  downe  in  law- 
full  money  of  England  onlie,  and  in  no  other  comodi- 
tie.  And  further  that  all  orders,  Judgments,  decrees, 
and  acts,  made  and  ordered  in  any  of  the  corts  within 
this  colony  concerninge  the  premises  shall  be  sett 
downe  and  entered  in  English  money  accordinge  to  the 
custome  of  all  pleas  and  judgments  in  the  kingdome  of 
England. 


Preamble. 


ACT  V. 

An  act  that  no  Tobacco  be  laden  in  Shipps  that  come 
emptie,  but  to  befraighted  accordinge  to  theire  ladinge 
unlesse  at  £  3  per  tunn. 

THE  whole  bodie  of  this  Assembly  takinge  into 
theire  consideration  the  best  means  to  animate  &  en- 
courage such  marchants  as  adventure  hither  for  the 
supply  of  this  colony  and  that  they  may  have  snch  con- 
venient fraights  as  may  induce  them  to  contiuew  theire 


AUGUST,  1633— 9th  CHARLES  1st.  211  , 

trade  with  us  and  divers  other  shipps  cominge 

almost  emptie  into  this  colony  havinge  either  altogea- 

thcr  or  dischardged  theire  ladingein  other  parts 

have  yet  obteyned  full  fraight  of  tobacco 

occasion  of  enhanseingetheratesof  tunnage  and  fraight 

to  the   great  prejudice  of  this  colony  ;  It  is  therefore 

ordered  that  no  shipps  or  vessels  be  permitted  to  have 

any  more  fraight  here  then  quantitie  of  theire  Q,iini"y  a,,ri 

i     •  i  •        i  ■  ■     ■  «  i  •  .    rales  oi 

goods  imported  in  the  said  shipps,  or  otherwise  except  fri.j„i„ 
those  said  shipps  cominge  it  holly  unladen  or  in  part  will 
accept  of  fraight  of  tobacco  at  3  £  per  tunn 


ACT  VI . 


[Obliterated] 


rates  that  they  bought  the  same,  to  the  great  prejudice  Inerossere 
of  the  inhabitants  here,  It  is  ordered  and  enacted,  That  defined 
what  person  or  persons  soever  shall  buy  any  shoos,  Irish 
stockings,  course  wollen  stuffs,  servants  shirts  or  course 
lynnen  to  make  shirts,  or  sheets  for  servants,  or  course 
wol len  clothes  for  fittinge  for  servants  apparell,  and  after- 
wards doe  sell  the  same  at  dearer  rates  than  he  bought, 
the  same,  shall  be  judged,  reputed  and  taken  an  unlaw- 
ful ingrosser  and  ingrossors,  and  shall  receive  such  pu- 
nishment as  is  appoynted  by  the  statutes  and  the  lawes 
of  England.     Neverthelesse,  this  act  any  thinge  Act  not  to 

therein  contevned  shall  not  preiudice  any  marchant  or  cxt*n.'  ,0 

i     ii  i  f  \       r  •  certain  per^ 

other  that  shall  buy  any  of  the  goods  aforesaid  for  any  SOns. 

planter  in  any  remote  plantation,  haveing  under  the 
hands  of  the  planters  there  to  buy  any  of  the  goods 
aforesaid  for  theire  uses,  and  to  take  such  allowance  as 
they  can  agree,  provided  that  he  buy  no  more  than  he 
hath  order  to  buy,  and  that  such  goods  soe  bought  be 
onlie  and  ineerelie  necessarie  for  the  use  of  that  plan- 
tation. 

2   D 


21$ 


LAWS  OF  VIRGINIA. 


Former  act 
repealed. 


Duty  on  eve- 
ry ship,  pay- 
able in  pow- 
der and  shot 


By  whom  col- 
lected. 


ACT  VII. 

An  act  made  to  repeale  the  24lh  act  made  the  4tk  day  of 
September  1632  and  for  the  shipps  to  pay  powder  and 
shotl  to  theffort. 

FOR  divers  considerations  it  is  thought  fitt  and  soe 
ordered.  That  the  24th  act  made  the  4th  of  September, 
1632,  be  repealed  and  stand  voyd,  and  this  ensuinge 
act  be  instead  thereof  in  full  force  and  power. 

Be  it  therefore  enacted  by  the  authorilie  of  this  present 
Grand  Assembly,  That  every  shipp  cominge  out  of  the 
ocean  unto  the  habour  at  Poynt  Comfort,  in  dischardge 
of  all  payments  and  duties  there  for  the  said  shipp,  shall 
pay  one  quarter  of  a  pound  of  powder  and  shott  propor- 
tionably  for  every  tuna  of  burthen  that  the  said  shipp  is 
of.  And  the  commander  of  the  ffort  at  Poynt  Comfort 
shall  hereby  have  power  to  require  and  take  the  same. 


TJemp  &  flax 
to  be  cultivat- 
ed. 


ACT  VIII. 

An  act  io  repeale  the  25th  act  made  the  4th  of  September 
1632,  and  that  Hempe  and  Flaxe  be  planted. 

IT  is  ordered,  That  the  25th  act  made  the  4th  day  of 
September  1632  be  repealed  and  voyd.  And  that  every 
planter  as  soone  as  he  may,  provide  seede  of  flaxe  and 
hempe  and  sowe  the  same. 


Preamble 


No  female 
cattle  to  he 
exported. 


ACT  IX. 

An  act  against  Transportation  of  Cowes  and  Female 

Catle. 

WHEREAS  it  doth  appeare  that  the  late  preserva- 
tion of  female  neate  catle  within  this  colony  hath  much 
encreased  the  nomber  of  them  and  inritcht  this  colony, 
and  the  continewance  thereof  yet  for  a  tyme  will  much 
encrease  the  nomber  of  them  further;  It  is  ordered, 
That  no  cowes,  heifers,  or  female  catle  be  transport- 
ed to  any  other  parts  of  the  government  of  this  colo- 
ny now  established,  upon  the  forfeiture  of  the  catle  soe 
transported,  or  the  true  value  of  them,  the  one  halfe  of 
which    forfeiture  shall  be  to  the  informer,  and  the  o- 


AUGUST,  1633— 9th  CHARLES  1st.  219 

ther   halfe  to  publique  uses,  And  this  act  to  continew 
in  force  uatilJ  the  next  Generall  Assembly. 


ACT.  X. 

An  act  that  no  Amies  or  Amunition  be  sould  to  the  In- 
dians. 

IT  is  ordered  and  appoynted,  That  yf  any  person  or  No  arms  tn 
persons  shall  sell  or  barter  any  gunns,  powder,  shott,   ammunition 

1  .  .  ii-  i      i-  to  be  sold  or 

or  any  amies  or  amunition  unto  any  Indian  or  Indians   bartered  to 
within  this  territorie,  the  said   person  or  persons  shall  the  Indians, 
forfeite  to  publique  uses  all  the  goods  and  chattells  that  p     . 
he  or  they  then  have  to  theire  owne  use,  and  shall  also 
suffer  imprisonment  duringe  life,  the  one  halfe  of  which 
forfeiture  shall   be  to    him  or  them  that  shall  informe 
and  the  other  halfe  to  publique  uses. 


ACT.  XI. 

An  act  that  no  Cloath  be  sould  to  the  Indians. 

WHEREAS    there  hath   beene  great  quantities  of  Preamble 
cloath,  bayes,  and  cotton,  bought  upp  out  of  the  stores 
of  this  colony,  by  such  as  have  traded  the  same  with 
the  Indians,  at  such  tyme  when  as  the  inhabitants  have 
beene  in  great  want    and    neede.     Now  although  all 
trade  with  the   natives  is  to  be  cherished  for  many  re- 
spects, yett  it  is  thought  fitt  that  the  necessitie  of  our 
present  want,  be  first  to  be  supplyed,  And  therefore  it  No  cloth  to 
is  ordered,  That  no  person    or    persons,  doe  trade  or  u^e,.^!,, 
trucke  any  such  cloath,  cotton  or  bayes,  unto  any  ludi-  the  Indians, 
ans  which  is  or  shall  be  brought  into  this  colony,  as  mar- 
chandize  intended  to  be  sould  to  the  planters  here,  upon  Penal,J- 
penaltie    and   forfeiture  of  double  the   value  of  such 
cloath,  cotton  or  bayes,  as  any  such  person  or  persons 
shall  trade  or  trucke  unlesse  the  Governor  uppon  veiwe  ExcePtlon- 
taken  io  the  stores  that  there  is   such  cloath,  cotton  or 
bayes  doe  give  leave  and  lycense  to  trade  and 

frurke  such  clojiths.  cotton  or  bayes  to  the  Indian 


220 


LAW&  OF  VIRGINIA, 


Secretaries' 

41  marshal's 
fees,  to  be 
paid  in  mo 
lie  v. 


ACT  XII. 

An  act  for   the   Secretaries   and   Marshalls   Fees   in 

Money. 

WHEREAS  by  the  57  and  58  acts  made  the  4th  of 
September,    1632,  the   fees  of  the  secretaries  shall  be 
appoynted  in  tobacco   and  corne,  It  is  ordered  by  this 
present  Grand  Assembly,  That  the  fees  be  rated  in  mo- 
ney as  followetb,  vizt. 

The  Secretaries  fees  to  be — 


secretaries 
fees 


Marshal's 

fees 


t'reamble 


for  an  ordinarie  warrant  -  2s  Gel 

for  a  passe  -  -  5     0 

for  a  commission  to  trade  [obliterated'] 

for  a  commission  of  administration     10     0 

for  a  patent 

for  recordinge  per  sheete 

for  an  order  of  cort 

The  Marshalls  fees  to  be — 


15 

0 

1 

0 

2 

6 

5 

0 

I 

0 

5 

0 

5 

0 

2 

6 

for  an  arrest 

for  warninge  to  the  cort 

c     .  (  comeinge  in 

tor  imprisonment      I       •        D 

r  (  goinge  out 

Layinge  by  the  Heeles 

For  whippinge  } 

pillorye        \  severally  5 

duckinge     ) 

And  for  lodginge  and  diett  as  the  prisoner  and  the 
marsh  all  can  agree. 

And  these  fees  as  well  for  the  socretarie  as  the  mar- 
shall  shall  be  paid  in  tobacco  or  corne  accordinge  a? 
the  rate  then  goeth. 


ACT  XIII. 

An  act  to  repeale  the  allowance  of  the  20th  Calfe,  Kiddt 
or  Pigge,  to  the  Mynisters. 

WHEREAS  by  the  Assembly  held  on  the  first  day 
of  February  1632  the  act  intituled  "  An  act  concern- 
inge  the  Mynisters^  alloivance,^  is  onlie  to  continew 


AUGUST,  1633— 9th  CHARLES  1st, 


221 


untill  the  session  of  this  present  Assembly,    It  is  now   Act  imposing 
thought  fitt,  That  the  said  act  be  fully  repealed,  voyd,   ej!e!>  repea  " 
and  of  none  effect  untill  it  shall  be  fittinge  to  re-esta- 
blish the  sayd  act.     And  for  such  mynisters  as  have 
not  this  yeare,  for  the  tyme  past,  taken  the  sayd  tythes 
of  the  20th  calfe,  kidd,  or  pigge,  It  is  also  ordered,         . 
That  the  composition  which  they  have  made  for  the   position  due 
same,  shall  be  paid  unto  the  said  mynisters  this  ensu-   to  be  paid, 
inge  cropp,  at  the  tyme  when  theire  tobacco  and  corne 
is  due  unto  them. 


ACT  XIV. 

An  act  act  for  the  alloivance  of  Sto?-e  Keepers. 

IT  is  ordered,  That  the  store  keepers  for  the  seaven 
stores  appoynted  by  the  Assembly  shall  have  1  per 
cent,  for  theire  care  in  keepinge  accounts  of  the  seve- 
rall  parcells  of  tobacco  receaved  into  these  stores  and 
theire  attendance  keepinge  the  keyes  and  carefull  look- 
inge  to  the  said  tobacco.  Audit  is  ordered,  That  the 
store  keeper  at  James  Citty  shall  have  1  per  cent,  of 
all  tobacco  which  shall  be  paid  to  any  marchants  for 
any  kinde  of  goods  bought  for  tobacco  at  James  Citty ; 
and  the  said  store  keeper  at  James  Citty  shall  keepe 
sealed  weights  and  lawfull  and  true  stilliards  allowed 
by  the  Governor  to  weigh  all  such  tobacco,  as  shall  passe 
out  of  the  said  store  for  goods  bought  at  James  Citty. 
And  the  said  1  lb.  of  tobacco  shall  be  borne  as  follovv- 
eth,  vizt.  one  moyetie  thereof  by  the  planters,  &i  one 
moyetie  by  the  marchant  or  partie  to  whom  the  said 
tobacco  shall  be  paid  as  aforesaid. 


Commission 
allowed  to 
the  store 
keepers. 


Allowance  to 
the  store 
keeper  at 
James  City. 


To  keep  seal 
ed  weights, 
and  lawful 
steelyards. 

Commission, 
how  paid. 


ACT  XV. 

in  act  for  the  payment  of  1-2  a  bus  he  11  of  Corne  to 
Caplayne  Mathewes. 

IT  is  ordered,  That  the  1-2  bushell  of  corne  which  Mode  of  col 

by  the  assembly  was  formerlie  given  to  Captayne  Sa-  lectiwgthe 

muell  Mathewes,  shall  be  brought  to  such  landinge  j^" <or,ne'' 

places,  as  the  commanders  shall  appoynt,  that  it  may  captain  Ma- 

with  the  more  conveniency  be  payd  into  such  boates  as  ihews. 
shall  be  sent  to  collect  the  same. 


222 


LAWS  OF  VIRGINIA. 


Duty  impos- 
ed on  new 
•"omftis. 


Proviso 


Allowance 
to  interpret- 
er residing 
with  the  go- 
vernor. 

Commanders 
to  deliver  a 
iist  of  new 
corners. 


illowancps, 
made  by  or- 
Jei  ot'  court, 
•onfinned 


ACT  XVI. 

An  act  for  all  new  comers  to  pay  64  lb.  of  Tobacco  to 
the  may  nicy  nance  of  the  fort  at  Poynt  Comfort. 

FFOR  the  ruayntey  nance  of  the  ffort  at  Poynt  Com- 
fort, //  is  enacted  and  ordered,  That  all  such  as  have 
arrived  in  this  colony  since  the  takinge  of  the  generall 
muster  for  the  paym't.  of  the  generall  debts  the  4th 
Sept.  last  past,  beinge  freemen,  and  likewise  all  tithe- 
able  persons  of  the  said  freemens  families,  shall  pay  in 
like  manner  as  the  planters  of  this  colony  have  paid 
64  lb.  of  tobacco  per  poll,  to  be  paid  the  next  cropp 
after  theire  arrivall,  by  soe  many  as  shall  be  liveinge  the 
first  day  of  September  ;  Neverthelesst  it  is  permitted 
unto  them  that  yf  the  said  new  comers  with  theire  fa- 
milies shall  not  plant  tobacco  the  said  first  yeare,  they 
shall  be  free  and  exempted  from  payinge  the  said  64  lb, 
of  tobacco,  And  yf  any  surpiusage  shall  remayne  over 
and  above  the  maynteuance  of  the  ffort,  It  is  thought 
fitt,  that  1000  lb.  of  tobacco  be  allowed  out  of  this 
levy  of  64  lb.  of  tobacco  unto  the  interpreter  who  shall 
be  rodent  with  the  Governor.  And  the  commanders, 
upon  the  first  day  of  December,  shall,  togeather  with 
the  gent  rail  muster,  deliver  a  list  of  such  new  comers 
in  Andit  is  ordered  that  the severall  storekeepers  for 
the  stores  in  this  colony,  shall  receave  the  said  64  lb. 
of  tobacco,  and  deliver  an  account  of  the  same  unto 
Mr.  John  Corker  the  generall  accountant.  And  this 
present  Assembly  doe  confirme  and  approve  of  the  or- 
der of  cort  made  the  14th  day  of  December  last  past 
by  the  Governor  and  Counsell,  vizt. 

lb.     tob.     barr's. 

2000  and  10  come 
1000  and  6  corne 
1000  and    6  corne 


To  the  Captayne  of  the  ffort 
the  Gunner 

the  Drummer  and  Porter 
for  4  other  men  each  of  them 
5001b.  tob.  &  4  barr's  of 
corne,         -..,-'- 


2000  and  16 


lb.  tob.  6000  and  38  corne 


AUGUST,  1633— 9th  CHARLES  1st  223 

Extract  frem  the  Judicial  Proceedings  of  the  Govemoi 
and  Council,  in  Virginia. 

"  October  7th,  1634. — Henry  Coleman  excommu- 
"nicated  for  40  days,  for  using  scornful  speeches  and 
"  putting  on  his  hat  in  church,  when,  according  to  an 
"  order  of  court,  he  was  to  acknowledge  and  ask  for- 
"  giveness  for  an  offence." — Ancient  Records,  vol.  3, 
pa.  225. 


[O^  Since  the  foregoing  work  was  put  to  press,  the 
Editor  has  discovered,  in  a  MS.  volume,  with  which 
he  was  favored  by  the  President  of  the  United  States 
(Mr.  Jefferson)  that  all  the  preceding  extracts,  as  taken 
from  the  Ancient  Records  of  the  London  Company, 
are  accurately  given.  The  matter  and  arrangement  of 
the  two  MSS.  so  entirely  correspond,  that  they  induce 
a  belief  that  the  one  was  copied  from  the  other.  The 
MS.  belonging  to  Mr.  Jefferson  was  procured  from  the 
executor  of  Richard  Bland,  Esq.  and  is  in  the  same 
hand-writing  with  which  the  acts  of  1623,  and  several 
other  public  papers  of  that  period  are  attested  by  "  R. 
Hickman,  Clk.  of  the  Secretary's  Office."  In  this  MS. 
there  is  a  reference  to  the  Roll  in  which  the  subject  mat- 
ter may  be  found  ;  which  was  not  the  case  in  the  Re- 
cords of  the  London  Company.] 

"  Roll  No.  11.— 1634." 

"  Pa.  174. — Sherriffs  appointed  for  the  several  coun- 
ties.'' 

"  Acts  in  1634,  among  which,  one  is,  that  the  Secre- 
•;  tary  or  his  deputy  attend  his  office  from  8  to  10  in  the 
"  morning,  &t  from  2  till  4  in  the  evening,  except Sun- 
"  days  and  Holydays. — 29th  April  1635.  And  that 
"  during  vacancy  of  the  Governor,  the  Secretary 
"  should  sign  commissions,  and  passes,  and  manage 
u  the  affairs  of  the  Indians." 

"  An  Assembly  to  be  called  to    receive  complaints 
•'  against  Sr.  John  Harvey,  on  the   petition  of  many 
'  inhabitants,  to  meet  7th  of  l\iaj\'' 

"On  the  28th  of  April  1635,  Sr.  John  Harvey 
"  thrust  out  of  his  government ;  and  Capt.  John  West 
"  acts  as  Governor,  till  the  King's  pleasure  known. 


224 


LAWS  OF  VIRGINIA, 


k'Inl634.  The  country  divided  intoSshires,  which 
"  are  to  be  governed  as  the  shires  in  England. 

"The  names  of  the  shires  are, 


James  City 
Henrico 
Charles  City 
Elizabeth  Citty 


Warwick  River 
Warrosquyoake 
Charles  River 
Accawmack 


"  And  Lieuten'ts.  to  be  appointed  the  same  as  in 
"  England,  and  in  a  more  especial  manner  to  take  care 
"  of  the  warr  against  Indians.  And  as  in  England  she- 
"  riffs  shall  be  elected  to  have  the  same  power  as  there; 
"  and  sergeants,  and  bailiffs  where  need  requires." 

"  Commissioners,  instead  of  £5  causes,  may  deter- 
"  mine  £10  causes  and  one  of  the  council  to  have  no- 
"  tice  to  attend  and  assist  in  each  court  of  shire." 


ATT    A 


-       The  Mb 
from  which  the 
acts  of  this 
session  were 
printer),  is  now 
in  the  library 
of  Congress  at 
Washington 


Flan  of  en- 
creasing  the 


6th  January,  1639 — Su.  Francis  Wyatt,  Gov. 

[From  a  MS.*  belonging  to  Thomas  Jefferson,  Pre- 
sident of  the  United  States,  which  was  purchased  by 
him  from  the  executor  of  Richard  Bland,  e?ecV.] 

ACT  I. 

TOBACCO  by  reason  of  excessive  quantities  made 
being  soe  low  that  the  planters  could    not  subsist  by 

*  This  MS.  volume  is  lettered  "  Whitings  relating  to  Vir- 
ginia," and  contains  most  of  the  old  charters,  instructions  to  the 
governors,  k.c.  At  the  end  of  the  volume  is  an  abstract  of  public 
papers,  taken  from  the  rolls,  the  number  and  page  of  which  are  re- 
ferred to ;  but  without  regard  to  chronological  order.  The  ads  of 
1630,  appear  to  be  a  mere  abridgement ;  and,  from  the  hand-writing 
and  orthography,  it  seems  to  have  brew  made  long  posterior  to  their 
•  :..te.  This  abstract  concludes  with  a  list  of  the  governors  of  Vir- 
ginia, down  to  the  year  1722,  at  which  time,  or  shortly  afterwards, 
it  was  probably  compiled.  The  hand-writing  on  comparison  ap- 
pears to  be  that  of  "  R.  Hickman,"  by  whom,  as  "  Clerk  of  thi 
Secretary's  office,  several  public  papers  are  attested. 


JANUARY,   IG39-40— 14th  CHA&LES   1st.  22i5 

it  or  be  inabled  to  raise  more  staple  comodfties  or  pay  va,ue  "' ,0 

their  debts,  Enactxl  that  the  tobacco  of  that  year  be  j^',  ]nii,v  ii- 

viewed  by  sworn  viewers   and    the    rotten  and  u timer-  miu>d— all 

charitable  and  hall'the  good  to  be  burned.  Sothe  whole  ,i,e6ft*  aod 

quantitie made  would  come  to  l,&00000  without  strip-  r0t>ede- 

ing  and  smoothing:  and  next  2  years   1701b.  tobacco  strayed, 

per    poll  stript  and  smoothed    Was  to  be  made  which  Creditor  to 

would  make   in   the    whole  about  1, 3000001b,  and  all  eertuin  part 

creditors  wire  to  take  40ib.  for  a  hundred*.  »'  iiis  debt 

au)y 

ACT  II. 

NOE  man  to  be  obliged   to  perform  above  half  his  ! 

.  ^     .  P  .     *  .  ,  debturs 

venants  about  ireighting  tobacco  in  1639.  tobacci 


cov 


Reliel  ..; 

S,  Oil 

ceo  con 
tracts. 


ACT  111. 

\V  1 IERE  AS  by  reason  of  the  iate  proclamation  pro-  (. "{ ot'7trbi'oi 
hibiting  (until  further  order  from  this  Assembly)  all  and  creditor. 
trade  for  tobacco,  diverse  persons  were  indebted  for 
money  whose  debts  are  to  be  satisfied  in  tobacco  at  3d. 
per  pound  and  merchants  to  advance  but  30  per  cent, 
on  their  goods  and  both  debtor  and  creditor  to  be  ac- 
countable according  to  the  sale  of  the  tobacco  in  Eng- 
land or  the  debtor  mav  eonsign  hi*  tobacco  arid  pav 
money. 


ACT  P  . 

Limitation  ot 


AFTER  the  planters  debts   are  paid  they  shall  not  priceofto. 
lispose  of  the  remainder  of  their  tobacco  made  1039  bacco. 
"inder  3d.  per  pound  at  the  first  peny. 


ACT   Y. 
A  TUN  of  tobacco  to  consist  of  4  hhds.  and  if  any   Contents©! 

,■  i  •  i      i  c*c>  <•     •     i.i        tr>l»  °'  lobar 

master  ol  a  ship  exacted  above  Jib   per  tun  Ireiglit  he 


-  to  be  fined  at  pleasure  of  Governor  and  Council. 


CO. 


ACT  VI. 

AFTER  10th  May  debtors  to  make  tender  of  their   Howtobae- 
tobacco  before  the  viewers.  '."  ,"1b(" ,en 

2  & 


226 


Public  char- 
ges, minis- 
ters, &JC. 


LAWS  OF  VIRGINIA, 

ACT  VII. 

HOW  public  charges  and  impositions  is  to  be  paid, 
vizt.  ministers  IQJb.  per  poll  to  maintain  himself,  elk. 
and  sexton;  muster  master  gen'l.  31b;  capt.  of  the 
fort  and  ten  guards,  31b.  Two  lbs.  to  be  raised  next 
year,  to  build  a  new  fort  at  Point  Comfort  and  21b. 
more  to  build  a  state  house. 


Debtors  to 
pay  2  thirds 
of  their  debts 
only. 


ACT  VIII. 

NOT  to  pay  above  2  third*  of  their  debts  during  the 
stint. 


Price  of  to- 
bac-  o  made 
1640. 


ACT  IX. 

TOBACCO  made  1640  not  to  be  sold  under  12d 
per  pound  and  2s  per  lb.  next  year's  crop,  on  forfei- 
ture of  the  whole  crop. 


All  persons 
to  be  armed 
except  ne- 
groes 


ACT  X. 

ALL  persons  except  negroes  to  be  provided  with 
arms  and  atnunition  or  be  fined  at  pleasure  of  the  Go- 
vernor and  Council. 


Jauies  City 
the  metropo- 
lis. 


ACT  XI. 

JAMES  CITY  to  be  the  chief  town  and  Governor 
is  to  have  his  residence  there. 


ACT   Xll. 

Concerning  AN    act    against   buying  wine  or  liquors  repeal- 

wine.  efj_ 


ACT   XIII. 

Orchards.  AN  act  to  plant  orchards  made  in  1636  revived. 


JANUARY  1639-40— 14th  CHARLES  lsi. 


221 


ACT  XIV. 

ANY  person  may  export  to  New  England  or  other  A  certain 

neighboring  colon v  the  7th  head  of  neat  cattle  and  no  ProP°1,,on<>f 

°  .    °  i  '      i       i  i  i  cattle  may  be 

more  under  penalty  double  value.  exported 


ACT  XV. 

NO  person  to  buy  com  of  the  neighbouring  colonies   At  what  pri- 
or   Indians    unless    it    be  16s.    per   barrel,    and    then   ces  corn  may 

r  ,        .        r*,  ,  '  .      .  >  i     be  bought  fc 

must  first  obtain  Governors  commission  lor  it,  and  soid 
when  corn  is  under  12s.  by  such  commission,  may  ex- 
port it. 


ACT  XVI. 


Deeds  and 


A   DEED  or  mortgage  made  without  delivery   of  , 
possession  to  be  adjudged  fraudulent  unless  entered  in  when  deem- 
some  court. 


ed  fraudu- 
lent. 


ACT  XVII. 

AN  act  in  1637,  which  makes  it  felony  to  barter  with  Trading 
the  Indians  repealed,  and  etiacted  that  for  trading  with  with  the  In- 
them  for  arms  and  amunition  shall  be  felony,  and  for     lans 
other  commodities  imprisonment  at  discretion  of  the 
Governor  and  Council. 


ACT  XVIII. 
PLACES  to  be  paled  in  to  bury  the  dead  in 


Burying 
grounds. 


ACT  XIX. 

NO  sheriff  to  compell  any  man  to  go  off  the  planta- 
tion where  lie  lives  to  choose  burgisses. 


Burgesses, 
how  chosen: 


ACT  XX. 

CHURCH  wardens  to  present  to  monthly  courts,      Duty  of 

and  the  court  is  to  inflict  punishments  if  within  their  churchwar- 
dens, 
cognizance. 


22S 


LAWS  OF  VIRGINIA. 


Shooting  ami 

1 1 1 r 1 1 f  i •  1  •  j  ,   how 

exercised. 


ACT  XXI. 

NOT  to  shoot  or  hunt  on  other  men's  hind  that  t§ 
seated  and  bounds  marked  under  penalty  of  40s.  but 
may  pursue  deer  and  shoot  on  their  own  land. 


BouikI.'u  i.  ■ 
of  Is!e  of 
Wi»ht  and 
Lower  Nor- 
folk counties. 


ACT  XXII. 

WHAT  shall  be  the  bounds  of  Isle  of  Wight,  Up- 
per and  Lower  Norfolk  Counties. 


Hogs  to  be 

"onfined. 


ACT  XXIII. 

HOGGS  to  be  confined  in  pens  by  night  and  to  have 
keepers  by  day  or  owner  to  satisfie  all  damages  done 
by  them. 


Quitrents 
when  pay- 
able. 


ACT  XXIV. 

SEVEN  years  after  date  of  patents,  2s.  per  hundred 
acres  quitrents  to  be  paid  yearly,  at  some  convenient 
place  to  be  appointed  in  each  county. 


Kiskyake 

parish. 


ACT  XXV. 
CHISKIACK  to  be  a  parish. 


Demurrage 
of  vessels 


ACT  XXVI. 

NO  demorage  to  be  allowed  for  the  stay  of  ships — 
according  to  a  proclamation  for  stinting  and  regulating 
tobacco. 


ACT    XXVII. 

'  i-!  '.(  <>r  A  MAN   that  has  a  wife  or  child  in  England  that 

i  plant-     ^jjj  former]y  reside  here  may  be  allowed  a  proportion 
of  tobacco. 


Council  and 
si'rviiiits  ex- 
empted. 


ACT  XXVIII. 

COUNCIL  and  10  servants  each,  exempted  from 
publick  charges. 


JANUARY,  1639-40— 14th  CHARLES  1st.  229 

ACT  XXIX. 

THE  act  of  22d  8br.  lust  concerning  burgisses  char-   Burgesses 
ges  repealed,  and    the    act  in   1636  revived   instead   charSes 
thereof. 


ACT  XXX. 

MR.  Benjamin  Harrison  to  be  paid  £  7:  10:  0  Compensation 
sterling  instead  of  600  lb.  tobacco  due  from  the  pub-  ,0  '  arr,son' 
lick. 


ACT   XXXI. 

ORDINARY   keepers  to  have  instead  of  6  lb.  to-  Taverns  rat. 
bacco,  or  18d.  in  money  for  a  meale  or  gallon  of  beer  e<1- 
but  12d.  because  of  the  great  plenty  of  provisions. 


ACT    XXXII. 

LAWNS  Creek  made  a  parish. 


Parish 


ACT  XXXIII. 

BY  an  act  in  1633  all  masters  of  ships  were  to  pay  a  Duty  payable 
proportion  of  powder  and  bullets  to  the  fort  at  Poynt  at  Point 
Comfort  according  to  their  tunnage  Now  enacted  that  a^r^t' 
they   pay  match   and  paper  Roial   proportionable  to 
burden. 


ACT  XXXIV. 
LEVY  17  lb.  tobacco  per  poll, 


Public  Lerv 


kws 


[Al^*  Of  the  proceeding's  of  the  Grand  Assembly  ol 
Virginia  in  the  year  1642,  we  have  no  remains,  except 
two  papers,  the  one  entitled  "  The  Declaration  against 
"  the  Company  to  be  entered  as  the  twenty-first  act;" 
the  other,  "  A  Remonstance  of  the  Grand  Assembly/' 
The  first  is  signed  by  the  Governor,  members  of  the 
Council  and  House  of  Burgesses,  and  dated  at  James 
City,  the  first  day  of  April,  1642,  in  the  18th  year  of 
the  reign  of  Charles,  &c.  immediately  after  which  the 
Assembly  adjourned  to  meet  on  the  second  day  of  June 
in  the  same  year: — The  other  is  dated  the  first  day  of 
July,  1642.  These  papers  are  preserved  both  in  the 
Ancient  Records  of  the  London  Company,  and  in  a 
ma nusmpt  volume  belonging  to  Thomas  Jefferson,  Esq. 
(President  of  the  United  States,)  which  was  purchased 
by  him  from  the  executor  of  Richard  Bland,  Esq. — 
From  this  last  mentioned  volume  the  following  are  ex- 
traded.  See,  for  the  first,  page  106  :  and,  for  the  se- 
cond, page  103.] 


The  Declaration  against  the  Company  to  be  entered  as 
the  twenty-first  act. 

TO  all  christian  people  to  whom  these  presents  shall 
come  to  be  read,  heard  or  understood,  We  the  Governor, 
Council  and  Burgesses  of  the  Grand  Assembly  in  Vir- 
ginia send  greeting  in  our  Lord  God  Everlasting: 
Whereas  George  Saudis,  Esq.  being  appointed  agent 
for  the  colony  by  an  Assembly  1639  hath  exhibited  a 
petition  in  the  name  of  the  adventurers  and  planters  in 
Virginia  to  the  Honourable  House  of  Commons  in  Par- 
liament in  England  for  the  restoring  of  the  letters  pat- 
ents of  incorporation  to  the  late  Treasurer  and  Compa- 
ny— mistaking  his  advice  and  instructions  from  the 
said  Assembly;  for  his  so  doing  it  being  neither  the 
meaning  nor  intent  of  the  said  Assembly  or  inhabitants 
.Mere  for  to  give  way  for  the  introducing  of  the  said 
company  or  arty  othei 


APRIL,   1642— 18th  CHARLES   1st.  231 

To  which  intent  and  purpose  this  Grand  Assembly 
having  fully  debated  and  maturely  considered  the  rea- 
sons on  both  sides  as  well  arguing  for  as  against  a 
company  and  looking  back  into  the  condition  of  the 
times  under  the  company  as  also  upon  the  present  slate 
of  the  colony  under  his  majesties  government  they  find 
the  late  company  in  their  government  intolerable  the 
present  comparatively  happy  and  that  the  old  corpo- 
ration cannot  with  any  possibility  be  again  introduced 
without  absolute  ruin  and  dissolution  to  the  colony  for 
these  reasons  following,  vizt. 

1st.  The  intolerable  calamity  of  the  colony  we  find 
proved  by  many  illegal  proceedings  and  barbarous  tor- 
ments inflicted  upon  divers  of  his  majesties  subjects  in 
the  time  of  the  said  companies  government  all  which 
appear  per  depositions  taken  at  a  Grand  Assembly  an- 
no 1 632  and  is  known  to  divers  now  living  in  the  colony. 

Also  we  find  the  whole  trade  of  the  colony  to  the 
general  grievance  and  complaint  of  the  inhabitants 
then  and  now  appearing  to  us  monopolized  by  the 
said  company  insomuch  that  upon  the  going  home  of 
any  person  for  his  country  it  was  not  free  for  him  to 
carry  with  him  the  fruits  of  his  labour  for  his  own 
comfort  and  relief  but  was  forced  to  bring  it  to  the 
magazine  of  the  company  and  there  to  exchange  it  for 
useless  and  unprofitable  wares. 

2dly.  The  present  happiness  is  exemplified  to  us  by 
the  freedom  of  yearly  assemblies  warranted  unto  us  by 
his  majesties  gracious  instructions  and  the  legal  trial 
per  juries  in  all  criminal  and  civil  causes  where  it 
shall  be  demanded.  And  above  all  by  his  majesties 
royal  incouragement  unto  us  upon  all  occasions  to  ad- 
dress ourselves  unto  him  by  our  humble  petitions  which 
doth  so  much  distinguish  our  happiness  from  that  of 
the  former  times  that  private  letters  to  friends  were 
rarely  admited  passage. 

To  the  third  for  introducing  the  old  corporation 
without  ruin  and  dissolution  to  the  colony  at  present 
as  a  thing  not  possible  we  conceive  we  have  these 
just  grounds. 

1st.  There  can  be  no  right  or  property  introduced 
for  them  without  proving  the  illegality  of  the  King's 
proceeding  so  that  all  grants  since  upon  such  a  foundaV 


232  LAWS  OF  VIRGINIA, 

tion  must  of  consequence  be  and  tending  to  displea- 
sure, we  the  present  planters  enjoy  our  lands  by  imme- 
diate grant  from  his  majesty  if  (as  it  is  argued  in  their 
petition)  the  King  had  no  power  to  grant  oar  profes- 
sions must  give  place  to  their  claim  which  is  one  invin- 
cible argument  (as  we  conceive)  of  tlv  ruin  and  disso- 
lution to  the  colony  at  present;  when  ii  their  pretences 
take  place  we  must  be  outed  of  all,  And  whereas  it  is 
alledged  that  the  charter  of  orders  from  the  Treasurer 
and  Company  anno  1618.  gives  us  claim  and  right,  to 
be  members  of  the  corporation  quatenus  planters  we 
find  the  company  by  the  -.aid  charter  wl  ore  members 
planters  and  adventurers  are  considered  In  themselves 
and  distinguished  in  privileges  from  planters  and  ad- 
venturers not  being  members  and  we  further  find  our- 
selves (being  the  King's  grantees)  in  the  said  charter 
condemned,  the  clause  plainly  pronouncing  in  these 
words  (we  doordaine  that  all  such  persons  as  of  their 
own  voluntary  will  and  authority  shall  remove  into  Vir- 
ginia  without  any  grant  from  us  in  a  great  and  general 
quarter  court  in  writing  under  our  seals  shall  be  deem* 
cd,  as  they  are,  occupiers  of  our  land  that  is  to  say  of 
the  common  land  of  us  the  said  Treasurer  and  Com- 
pany) much  more  such  grantees  as  have  their  right 
from  an  errouious  judgment  as  they  pretend. 

2dly.  That  if  the  Company  be  renewed  by  which 
means  they  as  aforesaid  have  leave  and  the  strength 
of  their  own  charter  of  orders  publicly  in  this  colony 
o  displantus  the  wiser  world  we  hope  will  excuse  us 
i{  we  be  wary  to  depart  with  what  (next  our  lives) 
nearest  concerns  us  (which  are  our  estates  being  the 
livelihood  of  ourselves,  wives  and  children)  to  the 
curtesy  and  will  of  such  taskmasters  from  whom  we 
have  already  experimented  so  much  oppression. 

3clly.  We  may  not  admit  of  so  unnatural  a  distance 
as  a  company  will  interpose  between  his  sacred  ma- 
jesty and  us  his  subjects  from  whose  immediate  pro- 
tection we  have  received  so  many  royal  favours  and 
gracious  blessings 

For  by  such  admission 

1st.  We  shall  degenerate  from  the  condition  of  our 
birth  being  naturalized  under  a  monarchical  govern- 
ment and  not  a  popular  and  tumultuary  government 


APRIL,  1642— 18th  CHARLES  1st.  13$ 

depending  upon  greatest  number  of  votes  of  persons 
of  several  humours  and  dispositions  as  this  of  a  com- 
pany must  be  granted  to  be  from  whose  general  quar- 
ter courts  all  laws  binding"  the  planters  here  did  and 
would  again  issue. 

2dly.  We  cannot  without  breach  of  natural  duty 
and  religion  give  up  and  resign  the  lands  which  we  had 
granted  and  hold  from  the  king  upon  certain  annual 
rents  (fitter  as  we  humbly  conceive  if  his  majesty  shall 
so  please  for  a  branch  of  his  own  royal  stem  then  for 
a  company)  to  the  claim  of  a  corporation  ;  for  besides 
our  births  our  possessions  enjoin  us  as  a  fealty  without 
a  salvafide  aliis  domiuis. 

We  conceive  by  admission  to  a  company  the  free- 
dom of  our  trade  (which  is  the  blood  and  life  of  a  com- 
monwealth) is  impeached  ;  for  they  who  with  most  se- 
cret reservation  and  most  subtility  argue  for  a  company 
tho'  they  pretend  to  submit  the  government  to  the  King- 
yet  they  reserve  to  the  corporation  propriety  to  the 
land  and  power  of  managing  the  trade,  which  word  ma- 
naging in  any  sence  taken  we  can  no  ways  interpret, 
then  a  convertable  to  monopolizing;  for  whether  in  this 
sence  that  all  the  commodities  raised  in  the  colony  shall 
be  parted  with,  exchanged  or  vended  at  such  rates  and 
prises  as  they  shall  set  down  or  such  wares  and  mer- 
chandizes as  they  shall  import  or  be  disposed  into  their 
rnag;  zinc  or  such  bottoms  as  shall  from  time  to  time 
be  licensed  or  ordered  by  them,  or  whether  in  this  sence 
that  the  planters  only  such  comodities  and  in  such  pro- 
portions as  by  advice  and  determination  of  their  quar- 
ter courts  shall  be  directed,  still  the  terms  and  condi- 
tion of  the  planters  are  subjected  to  a  monopoly  that 
is  to  their  sole  guidance  governing  and  managing  with 
what  reason  we  leave  to  the  world  to  judge  ;  for  tho1 
we  submit  in  depth  of  judgment  and  understanding  to 
such  as  shall  sit  at  the  helm  there,  yet  it  is  very  possi- 
ble and  indeed  most  probable  that  at  this  distance  wise 
men  may  mistake  and  there  is  more  likelihood  that 
such  as  are  acquainted  with  the  clime  and  the  accidents 
thereof  may  upon  better  grounds  prescribe  our  advan- 
tages both  for  quantity  and  quality  of  comodities  which 
by  the  bounty  of  his  majesty  we  now  enjoy  by  out- 
Grand  Assembly  and  in  any  other  way  will  be  destruc- 
tive unto  us  according  to  our  possession. 

2  F 


234  LAWS  OF  VIRGINIA, 

Though  we  may  admit  the  pretence  that  the  govern- 
ment shall  be  made  good  to  the  King  that  is  that  the 
King  shall  nominate  and  appoint  the  Governor.  First 
we  find  it  directly  (besides  the  scope  of  the  part  which 
insists  upon  the  restoring  of  the  company  in  all  formal- 
ities next  we  take  it  at  best  but  fur  a  falicie  and  trap  not 
of  capacity  enough  to  catch  men  with  eyes  and  fore- 
sight for  upon  a  supposition  that  a  governor  shall  be 
named  and  appointed  by  his  majesty  yet  his  dependance 
(so  far  forth  as  continuing  or  displacing)  will  by  reason 
of  their  power  and  interest  in  great  men  there  rest  in 
them  which  necessarily  brings  with  it  conformity  to  their 
wills  in  whatsoever  shall  be  commanded,  which  how 
pernicious  it  will  be  to  the  colony  according  to  our  as- 
sertion in  this  head  we  leave  to  the  ablest  judgments. 

We  the  Governor,  Council  and  Burgesses  of  this 
present  Grand  Assembly  having  taken  into  serious  con- 
sideration these  and  many  other  dangerous  effects 
which  must  be  eohcometant  in  and  from  a  company  or 
corporation  have  thought  fit  to  declare  and  hereby  do 
declare  from  ourselves  and  all  the  commonalty  of  this 
colony  that  it  was  never  desired,  sought  after  or  en- 
deavoured to  be  sought  for  either  directly  or  indirectly 
by  the  consent  of  any  Grand  Assembly  or  the  common 
consent  of  the  people.  And  we  do  hereby  further  de- 
clare and  testifie  to  all  the  world  that  we  will  never  ad- 
mit the  restoring  of  the  said  company  or  any  for  or  in 
their  behalfs  saving  to  ourselves  herein  a  most  faithful 
and  loyal  obedience  to  his  sacred  majesty  our  dread 
soverain,  whose  royal  and  gracious  protection  and  al- 
lowance and  maintenance  of  this  our  just  declaration 
and  protestation  we  doubt  not  according  to  his  accus- 
tomed clemency  and  benignity  to  his  subjects  to  find. 
And  we  do  further  enact  and  be  it  hereby  enacted  and 
manifested  per  authority  aforesaid  that  what  person  or 
persons  soever  cither  is  or  hereafter  shall  be  any  plan- 
ter or  adventurer  shall  go  about  by  any  way  or  means 
either  directly  or  indirectly  to  sue  for  advice,  assist, 
abet  countenance  or  contrive  the  reducing  of  this  colo- 
ny to  a  company  or  corporation  or  to  introduce  a  con- 
tract or  monopoly  upon  our  persons,  lands  or  comodi- 
ties  upon  due  proof  or  conviction  of  any  of  the  premi- 
ses, (to  wit)  by  going  about  by  any  way  or  means  to 
sue  for,  advise,  assist,  abet,  countenance  or  contrive 
the  reducing  of  this  colony  to  a  company  or  corporati- 


APRIL,  1642— 18th  CHARLES  1st.  135 

on,  or  to  introduce  a  contract  or  monopoly  as  afore- 
said, upon  the  due  conviction  as  aforesaid  shall  he  held 
and  deemed  an  enemy  to  the  colony  and  shall  forfeit 
his  or  their  whole  estate  or  estates  that  shall  he  found 
within  the  limits  of  the  colony  the  one  half  shall  he 
and  come  to  public  uses  the  other  moiety  or  half  to 
the  informer.  This  act  to  he  in  force  and  the  penalty 
therein  contained  to  extend  to  all  the  adventurers  and 
planters  now  residing  in  the  colony  upon  the  publica- 
lion  at  James  City  and  to  all  adventurers  and  plan- 
ters now  in  England  or  elsewhere  out  of  the  limits  of 
the  colony  within  five  days  after  the  arrival  of  this 
our  said  declaration,  protestation  and  act  within  the 
kingdom  of  England,  signed  under  our  hands  and 
sealed  with  our  seal  of  the  colony  at  James  City  the 
iirst  day  of  April  in  the  year  of  our  Lord  1642  and  in 
the  eighteenth  year  of  the  reign  of  our  soverain  Lord 
Charles  over  England,  &.c. 

The  Governor,  Council  and  Burgesses  of  this  pre- 
sent Grand  Assembly  taking  into  serious  consideration 
the  many  and  weighty  business  begun  in  this  present 
Grand  Assembly  and  which  yet  do  remain  unfinished 
and  to  prevent  all  doubts  whether  the  passing  of  the 
acts  already  agreed  upon  will  not  be  a  determination  of 
this  Assembly  do  hereby  enact  and  by  the  authority  of 
this  present  Grand  Assembly  be  it  enacted  that  not- 
withstanding the  passing  and  enacting  of  divers  acts 
already  agreed  upon  this  present  Assembly  shall  lest 
be  determined  but  that  it  be  adjourned  to  the  Thurs- 
day in  Whitson  week  being  the  second  day  of  June  next 
coming  at  which  time  and  day  the  whole  body  of  this 
present  Assembly  consisting  of  the  Governor,  Council 
and  Burgesses  shall  repair  to  James  City  then  and  there 
to  determine  and  finish  all  such  matters  as  shall  be 
found  necessary  to  be  concluded  and  enacted  whether 
in  matters  already  begun  or  other  business  that  shall 
then  begin  or  be  proposed  that  may  redound  to  the 
glory  of  God,  the  honour  of  his  majesty  and  the  good 
of  the  Colony. 

William  Berkeley. 

Fran.  Wyat,  Sam.  Mathews,  Cha.  VVormely,  Wm, 
Feirce,  Geo:  Menefy,  Henry  Brown,  Thos.  Pettus} 
Rich'd  Bennet. 

Geo:  Ludlowf 


^36  LAWS  OF  VIRGINIA 

Rich'd  Townshead  John  Weak- 
John  Upton  Edvv'd.  Hill 
Obedience  Robin?  Thos.  Harwood 
Ben:  Harrison  Nath.  Gough 
Thos.  Dewe  Jos.  Johnson 
John  Hill  Math.  Chiles 
Ferd.  Franklin  Wm.  Dacker 

Wrn.  Butler, 
Thos.  Fallowes 
Geo.  Worleigh 
Geo.  Hardy 
Fra.  Fowler 
Thos.  Bernard 
Edward  Windham. 

GOD  SAVE  THE  KING. 


4  REMONSTRACE 

OF    THE 

GKAND  ASSEMBLY. 


WHEREAS  the  natural  and  most  wished  effects  of 
Assembles  may  summarily  be  comprehended  and  the 
ordering  and  enacting  of  good  and  wholesome  laws 
and  ratifying  and  releiving  of  such  disorders  and 
grievances  which  are  incident  to  all  states  and  repub- 
lic in  which  considerations  this  Assembly  may  seem 
to  have  declined  and  swerved  from  those  true  intents 
of  so  happy  constitutions  if  their  endeavours  and  de- 
clarations be  apprehended  either  by  a  bare  view  of  the 
laws  few  in  number  and  therefore  not  answering  the 
expectation  of  a  meeting  exceeding  customary  limits 
of  time  in  this  place  used  or  by  comparing  the  pay- 
ments and  levies  now  imposed  much  more  free  any  in 
respect  that  in  them  the  grievance  of  the  inhabitants 
were  principally  stated, 

It  is  therefore  thought  fit  by  them  to  present  and  re- 
monstrate to  the  colony  the  weighty  consequence  and 
benefits  redounding  thereto  by  their  late  consultations. 

1  st.  The  first  is  instanced  by  repealing  the  act  of  four 
pound  per  poll  yearly  to   the  Gov.  which  is  a  benefit 


APRIL,  1642 — 18th  CHARLES  1st.  237 

descendinguntousand  our  posterity  which  we  acknow- 
ledge contributed  to  us  by  our  present  Gov. 

Next  byabollishing  condemnations  and  censures  (pre- 
sidental  from  the  time  of  the  corporation)  of  the  inha- 
bitants from  colonies  service  wherein  we  may  not  like- 
wise silence  the  bounty  of  our  present  Governor  in 
preferring  the  public  freedom  before  his  particular  profit 
in  which  act  also  we  may  pronounce  the  inhabitants 
absolutely  to  have  recorded  the  birthright  of  their  mo- 
ther nation  and  the  remains  of  the  late  companys  op- 
pression to  be  quite  extinguished. 

3dly.  The  near  approach  which  we  have  made  to 
the  laws  and  customs  of  England  in  proceedings  of 
the  court  and  trials  of  causes. 

4thly.  The  rules  and  formes  set  down  for  deciding 
of  differencies  and  debates  concerning  titles  of  land 
and  otherwise. 

5thly.  The  appropriating  and  accomodating  of  pa- 
rishes with  metes  and  bounds  that  God  Almighty  may 
be  the  more  duly  served. 

6thly.  The  treaties  and  overtures  with  the  Gov.  ol 
the  province  of  Marilaud  requiring  much  time  for  ma- 
turing and  very  successful  in  opening  a  trade  in  the  Bay 
of  Chessepiake. 

7thly.  The  setling  of  peace  with  friendship  with  the 
Indians  by  mutual  capitulation  and  articles  agreed  and 
concluded  on  in  writing  by  many  messages  and  inter- 
ruptions lengthened. 

8thly.  The  Common  grievances  releived  and  remo- 
ved in  asseasments  proportioning  in  some  measure  pay- 
ments according  to  mens  abilities  and  estates  augment- 
ed unto  the  wealthier  sort  by  the  number  of  the  milk 
kind  and  in  that  relief  afforded  to  the  poorer  sort  of  the 
inhabitants  which  course  through  the  strangness  there- 
of could  not  but  require  much  time  of  controverting 
and  debating. 

9thly.  Lastly  the  gracious  inclination  of  his  majes- 
ty ever  ready  to  our  protection  and  now  more  particu- 
larly assured  to  us  together  with  the  concurrence  of  a 


238  LAWS  OF  VIRGINIA, 

happy  parliament  in  England  were  the  greater  motives 
to  us  to  take  the  opportunity  of  establishing  our  liber- 
ties and  privileges  and  setling  our  estates  often  hereto- 
fore assaulted  and  threatned  and  was  lately  invaded 
by  the  late  corporation  and  of  preventing  the  future  de- 
signs of  monopolizers  contractors  and  preemptors  ever 
hitherto  incessant  upon  us  not  only  bereaving  us  of  all 
cheerfulness  and  alacrety  but  usurping  the  benefit  and 
disposition  of  our  labours  and  we  apprehended  no  time 
could  be  mispent  orlabour  misplaced  in  gaining  a  firm 
peace  to  ourselves  and  posterity  and  a  future  imunity 
and  ease  from  taxes  and  impositions  which  we  expect 
to  be  the  fruits  of  our  endeavours  and  to  which  end  we 
have  thought  it  seasonable  for  us  liberally  and  freely  to 
open  our  purses  not  doubting  but  all  well  affected  per- 
sons  will  with  all  zeal  and  good  affection  embrace  the 
purchase  and  pray  to  Almighty  God  for  the  success. — 
Given  at  a  Grand  Assembly  at  James  City  the  first  of 
July  1642. 

WILLIAM  BERKELEY. 


AT    A 


Sf 0l  #BA2f B  ASSSBEBSUDB 

HOLDEN    AT    JaMES    ClTTY     THE    SECOND    DAY    OF 

March,    1642-3. 


EPTheMS.  [From  a  MS.  received  from  Edmund  Randolph,  Esq. 

from  which  which  was  once  the  property  of  Sir  John  Randolph, 

gession'were  "  w^°  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 

printed,  is  now  after  whose  death,  it  was  purchased,  with  his  library, 

in  the  library  fry   Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 

Washington.  rowed  by  Edmund  Randolph.  Esq.'] 

PRESENT  Sir  William  Berkeley,  Knight  Govern- 
or, &iC 

Richard  Kemp,  Esq. 
Capt.  Sam.  Mathewes, 
Capt.X'pofer  VVonnley,  )»  Esq,uires. 
Capt.  Hen.  Browne, 
Mr.  Rich.  Bennett,         J 


MARCH,  1642-3— 18th  CHARLES  1st. 


239 


Capt.  Thos.  Pettus, 
Capt.  Hum.  Higginson, 
Capt.  Wm    Bernard, 
Mr.  Geo.  Ludlow, 
Capt.  Rich.  Townsend, 


1 


>    E 


J 


SQUIRES. 


The  names  of  the  Burgesses  for  the  severall  planta- 
tions are  as  followeth  : 


For  Henrico  county 


For  Charles  Citty  county 


Capt.  Mathew  Gough, 
Mr.  Arthur  Bayly, 
Mr.  Dan  :  Luellin. 

Mr.  Walter  Aston, 

M  r.  Tho.Stegg,  Speaker, 

Mr.  Walter  Chiles. 

Capt.  Robt.  Hutchinson: 


Mr.  Rowland  Sadler, 

,  Mr.  Hen.  Filmer, 
fr  or  James  Citty  county     <  ,„         T  .      r^,    ,', 

i  Capt.  John  r  ludd, 

Mr.  Stephen  Webb, 

Mr.  Wm.  Davis. 


i 


Capt.  Tho.  Flint, 
Mr.  Toby  Smith. 


For  Warwick  River  coun- 
ty 

For  Elizabeth   City  coun-  <,  i\lr.  John  Branch, 
ty  \  Mr.  John  Hoddin. 

For     the    Isle    of    Wight  (  Mr.  Anlh.  Jones, 
county  (  Mr.  Rich.  Death. 

f       it  m     ff  .    (  Mr.  John  Carter, 

tor    Vpper  INorn.  county  {  ,.      ,,       ,  ,,  ~  ' 

rr  J  I  Mr.  Randall  Crew. 


For  Lower  NorfT.  county 

For  York  county 

For  Northampton    county 


^  Mr.  Cornelius  Loyd, 
^  Mr.  Edward  Windham, 

Mr.  John  Chew, 
Capt.  John  Chesman, 
Mr.  Win.  Tayler. 

{  Mr.  Phillip  Tayler, 

|  Mr.EduiondScarbrough. 


WHEREAS  the  many  and  sundry   acts  and  laws  Preamble  at- 
at   former  Grand   Assemblies    established  in   severall   K|Rn1"*  rc~*- 
books   and    volumes    digested   have  been  found  very  rcvisal. 
prejudicial!    to    the  Collony  by  this  Grand  Assembly, 
for  reduceing  the  same  into  a  more  exact  method  and 


240 


LAWS  OF  VIRGINIA, 


All  former  laws 
repealed. 


Church  go- 
vernment. 


Churci)  war- 
fiens. 


v  estrji 


Visitation. 


Oath  of 
church  war- 
dens. 

What  offences 
to  ore»ent. 


Adultery, 

fornication, 

drunkenness. 


order,  And  for  preventing  all  mistakes  &i  pretenses, 
which  may  arise  from  misinterpretation  or  ignorance 
of  the  law's  in  force.  It  is  therefore  thought  Jitt,  and 
accordingly  enacted  by  the  Governour,  Council  8f  Bur- 
gesses of  this  Grand  Assembly  and  the  authority 

acts  and  lawes  of  all  former  Assemblies  be  from 
repealed  &  made  void.     Such  finely  excep- 
ted, which  are  hereafter  mentioned  as  followeth  (vizt.) 

ACT.  I. 

IN  the  first  place  Be  it  enacted  for  the  advancement 
of  God's  glorie  and  the  weale  publique,  that  these  or- 
ders &  constitutions  hereafter  following  concerninge 
the  Church  government  be  and  remaine  in  full  power, 
force  &  vertue. 

That  there  be  a  vestrie  held  in  each  parish,  for  the 
makeing  of  the  leavies  and  assessments  for  such  vses 
as  are  requisite  &z.  necessary  for  the  repairing  of  the 
churches,  he.  and  that  there  be  yearly  chosen  two  or 
more  churchwardens  in  every  parish. 

Itt:  That  the  most  sufficient  and  selected  men  be 
chosen  and  joyned  to  the  minister  and  churchwardens 
to  be  of  that  Vestrie. 

Itt :  That  there  be  a  yearly  meeting  of  the  ministers 
&£  churchwardens  before  the  comander  &i  com'rs.  o( 
every  county  court  in  nature  of  a  visitation  according 
to  the  orders  cc  constitutions  of  the  church  of  England, 
which  is  there  usually  held  every  yeare  after  Christ- 
ma's. 

Jtt:  That  there  be  an  oath  administered  to  the 
churchwardens  that  they  deliver  in  a  true  presentment 
in  writingof  such  misdemeanors  as  to  their  knowledge 
have  been  confuted  the  year  before,  whilst  they  have 
been  churchwardens,  namely,  swearing,  prophauing 
God's  name,  and  his  holy  Sabboths,  abuseing  his  I10I3- 
word  and  commandments,  contemning  his  holy  sacra- 
ments or  any  thing  belonging  to  his  service  or  worship. 

Itt :  If  any  person  or  persons  of  what  degree  or  con- 
dition soever  shall  abuse  themselves  with  the  high  & 
foule  offences  of  adultery,  vvhoredome  or  fornication  or 
with  the  loathsome  sinne  of  drunkennes  iu  the  abuse 
of  God's  creatures,  of  those  and  every  those  to  make 
a  true  presentment. 


MARCH  1642-3— 18th  CHARLES  1st.  241 

Itt:  Tint  the  littargie  of  the  church  of  England  for   Sacrament. 
the  administration  of  the  word  &  sacrament,  he  duely 
performed  according  to  the  booke  of  common  prayer, 
allowed  by  his  Ma'tie  St  confirmed  by  consent  of  par- 
liament. 

Itt:  That  the  churchwardens  shall  likewise  at  that  Levies,  &c. 
time  deliver  upon  their  oaths  a  true  account  of  all  lea-   ,0,be  ,e,urn* 

,i         .     r      c       ,.    ,  ,  ,  .      .       «fl  l>y  church 

vies,  collections  ec  uisbursments  as  nave  hem  in  their  Wardens  on 
time  concerning  church  affairs  whereby  all  things  con-  oatl,< 
cerning  the  same  may  be  fairelv  earned,  And  all  col- 
lections so  made  to  be  paid  b_\  the  churchwardens,  ac- 
cording to  the  order  for  the  ministers  duties,  &  brought 
to  the  place  appointed  by  the  churchwardens  for  the 
time  being. 

Itt:  That  there  be  a  true  h  perfect  register  kept  in  Regi-ter  of 
a  booke  &  yearly  presented  at  the  said  visitation  of  all   b^th^and 
weddings,  christenings  &  burialls  and  that  the  clerkeof  deaths. 
every  parish  shall  present  to  the  commander  of  every 
monethly  court  a  list  of  all  weddings,  christenings  &: 
burialls  within  their  parish  the  present  moneth. 

That  there  be  no  marriage  solemnized  vnless  by  a  Marriages 

license  vnder  the  siurnett  from    the  Governour,  or  the  not  to  be 

banes  lawfully  published  in  the  parish  or  parishes  where  ^c""^/' 

both  parties  do  inhabite.  banns. 

Itt:  That  the  said  meeting  or  visitation  be  after  the   Visitation, 
coming  in  of  the  new  churchwardens  &  going  out  of  the   wnen  t0  be- 
old,  And  that  the  old  churchwardens  be  not  discharged 
until  they  have  given  vpp  their  presentment  as  afore- 
said. 

Itt.  That  there  be  a  place  sett  out  and  allotted  for  the  Burying 
buriall  of  the  dead  in  evrie  plantation  according  to  the  grounds, 
appointment  of  the  commander  h  minister  of  the  place. 

Itt.  That  every  minister  have  his  dark  and  also  sex-  clerks  and 
ton,   for  the  keeping  cleane  of  the  churches,  &i  other  sextons  to  be 
services   in  the   absence  of  the  ministers  according  to  aPP0,nted- 
the  cannons  of  the  church  of  England,  &  his  or  their 
meanes  to  be  allowed  by  the  parishoners. 

That  all  freemen    that  are  hired   servants  shall  pay  Who  to  pay 
their  own  tithes  and  duties  are  to  be  collected  per  pol   nines, 
for  the  country  service. 

It  is  also  enacted  fy  confirmed,  by  the   authority  a-  Ministers, 
foresaid  that  the  vestrie  of  evrie  parish  with  the  allow-  how  appoint* 

2  G 


242 


LAWS  OF  VIRGINIA, 


cd  ;  and  pu- 
nished for 
neglect,  he. 


May  be  sus- 
pended by 
the  governor 

and  council, 
but  removed 
only  by  the 
general  as- 
sembly. 


ante  of  the  commander  h  com'rs.  of  the  county  living 
&  resideing  within  the  said  parish,  or  the  vestrie  alone 
in  case  of  their  non  residence  shall  from  henceforward 
have  power,  to  elect  and  make  choyce  of  their  ministers, 
And  he  or  they  so  elected  by  the  commander  and  comr's. 
or  by  the  vestrie  in  case  of  non  residence  as  aforesaid 
to  be  recommended  and  presented  to  the  said  coman- 
der  and  com'rs.  or  vestrie  alone,  to  the  Governour  &,so 
by  him  admitted,  Provided  that  it  shall  be  lawfull  for 
the  Gov'r.  for  the  lime  being  to  elect  and  admit  such  a 
minister  as  he  shall  allow  of  in  James-Citty  parish. 
And  in  any  parish  where  the  Governour  &  his  succes- 
sors shall  have  a  plantation  provided  he  or  they  enjoy 
not  that  priviledge  but  in  one  parish  where  he  or  they 
have  such  a  plantation,  And  vpon  the  neglect  or  mis- 
becomeing  behaviour  of  the  ministers  or  any  of  them, 
compl't.  thereof  being  made  by  the  vestrie,  The  Go- 
vernour &,  Council  are  requested  so  to  proceed  against 
such  minister  or  ministers  by  suspension  or  other  pu- 
nishment as  they  shall  think  fitt  &  the  offence  require. 
Removeall  of  such  ministers  to  be  left  to  the  Grand 
Assembly. 


Poor  to  be 
exempted 
from  public 
charge? 


Ministers' 

ulloivance. 


How  collect- 
ed. 


Be  it  further  enacted  and  confirmed  for  the  releife  of 
diverse  poore  people  that  have  been  of  very  long  con- 
tinuance in  the  country, and  are  disabled  to  labor  by  rea- 
son of  sicknes,  lamenes  or  age,  The  vestrie  of  everie 
parish  are  hereby  enjoy ned  vpon  the  complaint  of  such 
poore  S&vuabie  persons  to  give  them  a  certificate  to  the 
com'rs.  of  the  county  where  such  poore  shall  reside  to 
testifie  their  poverty  which  shall  free  them  from  all  pub- 
lique  charges  except  the  ministers'  &i  parish  duties. 

Be  it  also  enacted  and  confirmed  That  there  be  teuu 
pounds  of  tob'o.  per  poll  ct  a  bushell  of  corne  per  poll 
paid  to  the  ministers  within  tine  severall  parishes  of  the 
collonv  for  all  tithable  persons,  that  is  to  say,  as  well 
for  all  youths  of  sixteen  years  of  age  as  vpwards,  as  also 
for  all  negro  women  at  the  age  of  sixteen  years,  And 
it  is  also  further  ordered  for  the  better  conveniencie  & 
ease  of  the  ministers  that  vpon  the  twentieth  of  No- 
vember if  it  be  not  Sunday,  &  then  vpon  the  day  fol- 
lowing (notice  being  first  given  by  the  churchwardens 
a  week  before,)  That  the  parishoners  shall  bring  in 
the  duties  of  tenn  pounds  of  tob'o.  for  the  ministers  vn- 


.MARCH,  1642-3— 18th  CHARLES  1st.  243 

to  a  place  appointed  by  the  churchwardens  in  that  plan- 
tation, And  that  the  ministers  be  warned  to  be  there, 
or  appoint  some  others  to  receive  the  same,  The  said 
churchwardens  to  give  the  aforesaid  warneing,  And 
it  is  likewise  ordered  that  the  duties  of  a  bushel  of  come 
to  be  brought  in  vpon  the  19th  of  December  to  a  place 
appinted  by  the  churchwardens  in  that  plantation  by 
the  minister  (notice  being-  given  as  aforesaid,)  The  pay-  ^i"",1/  °' 
ment  to  be  made  by  two  bushells  of  ears  for  one  bush- 
ell  of  shelled  come,  &.  so  rateably,  And  it  is  further  or- 
dered that  if  any  planter  or  parishoner  do  neglect  the 
bringing  of  the  corn  or  tob'o.  as  aforesaid,  he  or  they 
for  such  default  shall  forfeit  double  the  quantity  of  to- 
b'o. or  corneto  be  leavied  by  distresse  by  the  authority 
of  the  commander,  And  it  is  further  established  that 
the  ministers  petty  duties  shall  be  as  followeth. 

lb.  tob. 

For  solemnization  of  matrimony  without  a  lycense  40  Fees  to  mi 
If  with  a  license  -  -  -  100  nistcis 

For  burial  Is  -  10 

For  churching      -  10 

tfbr  breaking  ground   in  the  church  the  pay  is  left  to 
the  churchwardens  &  vestrie 

ffor  breaking  ground  in  the  chancell  att  the  discretion 
of  the  ministers. 


ACT  IL 

BE  it  also  enacted  $•  confirmed,  that  noe  master  or  No  person  to 
commander  of  any  vessel,  boat,  barke,  or  shipp,  shall   be  transport- 

.      /•  .1  I.  ed  out  of  the 

transport  any  person  or  persons  out  of  the  collony  ex-  co|ony  with- 
cept  the  said  person  or  persons  do  produce  a  pass  vn-   out  a  pass 
der  the  hand  of  the  governour  &  attested  by  the  se-   ,rom  ,iie  S°" 

1  1  u  1      1    1  veinor,  nor 

cretary,  vpon  the  penalty  to  pay  all  such  debts  as  any   before  he  has 
such  person  shall  stand  indebted  to  ally  person  within   advertised 
the  collony,  at  his  or  their  departure,   And  it  is  further   his  1,,,ent,on 

■j  *  v  '  or  given  se- 

ordered  that  before  any  passe  shall  be  signed  to  any  curity  for  all 
person,  he  or  they  shall  bring  certificate  to  the  secreta-  bis  debts, 
ries  office  from  thecommander  or  monethly  court  where 
he  or  they  reside  that  he  hath  sett  vp  his  name  tenn 
daies  at  the  place  of  meeting  of  the  county  court  or 
otherwise  shall  putt  in  sullicient  security  for  the  pay- 
ment of  all  debts  that  are  due' or  oweing  from  theru  to 
any  person  within  the  collony, 


244 


LAWS  OF  VIRGINIA, 


Restrictions 
on  the  go- 
vernor, &.C. 
as  to  taxes. 


ACT  III. 

IT  is  further  enacted  ry-  confirmed,  that  the  Gover- 
nor &;  Council  shall  Dot  lay  any  taxes  or  impositions 
vpon  this  collonie  their  lands  or  come  di  ties  otherwise 
then  by  the  authority  of  the  Grand  Assembly  to  be  lea- 
vied  &i  imployed  as  by  the  Assembly  shall  be  appointed. 


Punishment 
for  felonious- 
ly killing  a 
tame  hog. 


For  killing  a 
wild  hog-, 
without  li- 
cense from 
the  governor. 


ACT  IV. 

BE  it  also  enacted  fy  confirmed,  that  what  person  or 
persons  soever  within  the  collony  shall  feloniously  kill 
a  tame  hogg  being  none  of  his  owne  h  being  thereof 
lawfully  convicted  shall  suffer  as  a  felon,  And  whoso- 
ever shall  kill  any  wild  hoggs  without  lycense  from  the 
Governor,  unles  it  be  within  the  bounds  of  his  own 
land  shall  for  his  offence  be  censured  by  the  Governor 
&£  Council,  or  in  case  it  be  within  the  bounds  of  his  own 
land  such  person  killing  any  wild  hoggs  shall  call  two 
of  his  neighbors  being  housh  driers  who  may  wittnes 
that  the  hogg  was  vn marked,  And  before  such  view  of 
neighbors  what  persons  soever  shall  kill  a  wild  vnmark- 
ed  hogo;,  and  cutt  off  his  ears,  shall  be  censured  as 
aforesaid  (as  in  case  of  a  transgressor  for  killing  of 
wild  hoggs  without  the  bounds  of  his  own  lands,)  The 
ears  to  be  brought  in  to  the  next  commissioner  as  for- 
merly. It  is  likewise  thought  fitt  to  be  explained  that 
this  clause  of  veiwing  the  ears  shall  extend  to  such  as 
shall  have  license  from  the  Goverrfor  for  killing  of  wild 
hoggs,  Provided  that  this  clause  of  killing  of  wild 
hoggs  nor  the  penalty  thereof  shall  not  extend  to 
Smith's  Hand. 


ACT  V. 

BE  it  also  enacted  fy  confirmed,  That  ev'rie  plant- 
er shall  make  a  sufficient  fence  about  his  cleared 
ground,  And  if  he  be  deficient  therein  what  trespass  or 
damage  he  shall  susteyne  by  hoggs,  goats  or  cattle 
whatsoever  shall  be  to  his  own  losse  and  detriment, 
And  also  if  it  happen  that  any  person  shall  hunt  any  of 
the  said  hoggs,  goats  or  cattle  as  aforesaid  that  shall 
so  offend  thein  &i  do  them  harm  he  shall  make  satisfac- 
tion for  any  of  them  that  shall  be  so  hurt,  to  the  own- 
"p01  suffic,en,1y  ers  of  the  said  hoggs,  goats  or  cattle,  to  be  recovered 


Sufficient 
fences  to  be 

made. 


Penalty  for 
hunting  or 
killing  hogs, 
&.c.  breaking 
into  grounds 


MARCH,  1642-3— 18th  CHARLES  1st.  245 

within  any  court  of  justice  within  the  collony.  And  it 
is  thought  fitt  &  so  ordered  that  where  any  hoggs,  £joats 
or  cattle,  shall  endamage  any  planter  for  want  of  such 
ffence  as  aforesaid  and  the  party  danTi^ified  do  wilfully 
kill  or  otherwise  hurt  so  as  the  said  hoggs  or  cattle  do 
die  of  such  hurt,  whether  by  doggs  sett  vpon  them  or 
otherwise,  in  such  case  the  owner  of  the  ground  shall 
not  onely  be  liable  to  satisfie  the  full  value  of  such 
hong,  c:«)it  or  cattle,  But  by  vertue  of  this  act  shall  be 
adjudged  to  satisfie  double  the  value  of  such  hoggs, 
goats,  or  caitle  so  killed  to  the  owners  of  them. 


ACT  VI. 

BE  it  also  enacted  and  confirmed  far  preventing  and   Fnerossim*  k 
redressing  the  great  abuses  by  the  excessive  and  exor-   *,orfie~t^"mfi' 
bitaut   ingrossing  of  comodities  brought  into  the  col- 
lony  and    forestallers  of  the    market,  (as  hereafter  is 
expressed,  vizt.)   what  person    or  persons  soever  shall 
buy  any  shooes,  Irish  stockins,  course  woollen  or  lin- 
nen  stockins,  servants  shirts,  or  any  linnen  whatsoever, 
servants  woollen  clothes,  or  any  woollen  cloth  whatso- 
ever strong  liquors,  soape,  candle,  sugar,  fruite,  spices, 
nailes,  or  any  manner  of  ironware,  armes,  amunition,  or 
any   necessarie  comoditie   whatsoever  and  do  sell  the 
same  at  a  dearer  rate  then  they  were  bought  by  them, 
such  person  shall  to  all  intents  and  purposes  be  coun- 
ted   an    ingrosser   and  foreteller,   and  such  person  or  puniShment 
persons   so    offending    against  the  premises,  shall  for  of. 
every  such  sale  of  the  aforesaid  goods  forfeit  double  the 
valew  of  what  the  goods  were  sold  by  him  or  them,  halfe 
of  which  forfeiture  shall  be  and  come  to  the  King's  ma- 
jestie,  the  other  halfe  to  the  informer :  Nevertheless  it 
shall   be   lawfull  any  thing  in  this  act  to  the  contrary  Exception 
notwithstanding,    for    any   person   haveing  bought  a 
servant  and  undergone  the  charge  and  hazard  of  sea- 
soning of  any  such  servant,    to   make  his  best  advan- 
tage by   putting  off  or   bartering  such  servant  to  any 
other  inhabitant  within  the  collony. 


ACT  VII. 

BE  it  also  enacted  and  confirmed  that  according  to  Vessels  re 

his  majesties  instructions  no  master  of  any  shipp  or  ves-  s,"c(t'd  *p 

sel  arriving  to  the  collony  shall  breake  bulke  or  make  dmcs  '  y' 


246  LAWS  OF  VIRGINIA, 

sale  of  any  goods  or  servants,  nor  any  merchant  or  other 
person  whatsoever  arriving  in  such  shipp  or  vessel  be- 
fore such  shipp  or  vessell  shall  arrive  at  the  porte  of 
James  Citty,  (afcwhich  port  they  shall  ride  at  anchor 
four  and  twenty  hours  at  least.)  And  it  is  further  or- 
Penaity  for  dered,  that  if  any  master,  merchant  or  any  other  per- 
failure.  son  whatsoever  shall  offend  against  the  premises,  such 

master  shall  forfeit  for  such  offence  of  breaking  bulk 
two  pounds  of  powder  for  each  lunn  of  burden,  one 
moyity  whereof  shall  be  and  come  to  the  publique  stock 
and  the  other  moyity  to  the  informer,  And  such  mas- 
ter, merchant  or  any  other  person  whatsoever  for  such 
offence  of  sale  of  goods  or  servants  before  arrival  to  the 
aforesaid  port,  shall  forfeit  the  full  valew  of  the  goods 
and  servants  so  sould,  the  one  halfe  whereof  shall  be 
and  cometo  the  Kinir1s  ma'tie  and  the  other  halfto  the 
informer,  And  for  removing  and  takeing  away  of  all 
pretense  of  ignorance  to  this  said  act  by  any  master, 
Copy  of  this  merchant  or  any  other  person  whatsoever,  It  is  further 
act  t<»  be  fix-      orcjered  that  the  cant,  leu'tt.  or  other  officer  of  the  ffort 

e.l  to  the  r ,'■       .  . 

mainmast.  snail  amx  a  coppy  or  this  act  to  the  mainmast  ot  any 
shipp  or  vessell  that    shall  arrive  within  James  River, 

Exception.  Provided  that  this  act  nor  the  penalty  thereof  shall  not 
extend  to  any  shipp  or  vessell  that  shall  be  consigned 
to  Charles  River  or  Northampton  county. 


ACT  VIII. 

Two  acres  of  BE  it  also  enacted  and  confirmed  that  there  be  two 
lalt'  Vr         acres  of  corne  planted  for  every  worker  in  the  ground, 

each  worker.  And  for  the  better  execution  of  this  said  act,  it  is  fur- 
ther ordered  that  all  constables  within  their  severall 
lyrnitts  and  precincts  shall  take  a  veiw  of  every  man's 
corne  vpon  the  ground,    and  where  the  proportion  of 

„     A  ..  two  acres  is  wanting;,  the  constables  of  the  said  lyrnitts 

Constables  to        .     ,,  i     •       r  V      i  i  •     •  *•     i 

present  for        shall  present  their  delaults  to  the  comissioners  of  the 
failure.  monethiy  courts  which   by   vertue  of  this  act  are  re- 

quired to  make  inquiry  thereof,  and  are  further  autho- 
P     h-  rized   to  impose  a   fine  of  five  hundred  pounds  of  to- 

bacco per  acre  defective  vpon  such  person  or  persons 
whom  they  find  delinquent  in  the  premises  one  halfe 
whereof  shall  be  and  come  to  the  constable  or  any  other 
informer  and  the  other  halfe  to  publique  vses  for  the 
good  of  the  county  where  the  offence  is  committed. 


MARCH,  1642-3— 18th  CHARLES  1st.  24^ 

ACT  IX. 

BE  it  also  enacted  and  confirmed,  that  all  comand-   Fort  duties 
ers  or  masters  of  shipps  comeing  out  of  the  ocean  into   payable  at 
the  harbor  of  Poynt  Comfort  or  elcewhere  within  the   ^oinl  Com' 
lymitts  of  the  collonie  shall  pay  vnto  the  capt.  of  the   ,£', ,  siid't?  &*< 
ffort,  his  deputy  or  deputyes  or  such  whom  the  gover- 
nor shall  appoint  a  quarter  of  a  pound  of  powder  and 
shott  proportionable  for  e\ery  tunrj  of  burden  that  the 
shipp,  shall  be  of,  as  also  match  and  paper  royal  accord- 
ing to  their  burden  or  tunns,  The  burden  to  be  account- 
ed as  they  are  entered  at  the  custome  house  or  as  the} 
doe  pay  to  the  lights  or  other  duties  in  the  kingdom  of 
England,   And  it  is  further  enacted  that  all  command- 
ers and  masters  of  shipps  shall  at  their  arrival!  give  in 
a  true  list  vpon  oath  to  the  capt.  of  the  ffort  or  his  de- 
puty of  the  number  of  the  passengers. 


ACT  X. 

BE  it  also  enacted  and  confirmed,  for  a  finall  deter-    Boundaries 
mination   of  the  Isle  of  Weight  county,  Vpper  and  of  Isle  of 
Lower  Norff  :  countyes  that  the  Isle  of  Weight  county  Wl"!,,'r  Up' 

,,,..  ,  J  ,  ,  ,»  ,°  J     per  &  Lower 

shall  beginn  at  Lawne  s  creek  and  from  thence  to  ex-  isotioik 
tend  downe  along  the  maine  river  vnto  the  plantation  counties, 
of  Rich  :  Hayes  formerly  belonging  vnto  John  How- 
ard including  the  said  plantation  and  family  from  thence 
to  extend  from  the  main  river  into  the  woods  souther- 
ly vnto  the  plantation  of  William  Nowell  and  Mr.  Ro- 
bert Pitt  including  likewise  the  said  plantation  and  la- 
milys  and  from  thence  southerly  as  aforesaid. 

And  the  vpper  county  of  New  Norff:  to  begin  at  the 
aforesaid  plantation  of  Rich  :  Hayes  and  from  thence 
into  the  woods  southerly  as  aforesaid,  and  by  the  mayue 
river,  from  thence  to  extend  downe  by  the  mayne  river 
into  the  creeke  near  vnto  the  plantation  of  ffrancis  Bul- 
lock being  the  first  creeke  to  the  westward  of  Cray ne 
Poynt,  including  the  plantation  of  the  said  fiVancis  Bul- 
lock, and  no  waies  tit  nching  vpon  the  western  branch 
of  Elizabeth  River,  nor  the  creeks  thereof  which  do 
belong  to  the  county  of  the  Lower  Norfi': 

These  bounds  being  sett  and  lymilted  by  the  consent 
and  agreement  of  the  burgesses  for  the  said  countyes. 


■Mb 


LAWS  OF  VIRGINIA, 


Penalty  for 
hunting  or 
shooting  upon 
another  man's 
land. 


Proviso. 


Further  pro- 
viso. 


ACT  XI. 

WHEREAS  the  rights  and  interests  of  the  inha- 
bitants are  very  much  infringed  by  hunting  and  shoot- 
ing of  divers  men  vpon  their  neighbours  lands  and 
dividents  contrary  to  the  priviledges  granted  to  them  by 
their  patents,  whereby  many  injuries  do  dayly  happen 
to  the  great  damage  of  the  owners  of  the  land  whereon 
such  hunting  or  shooting  is  vsed,  It  is  therefore  enact- 
ed and  confirmed  that  if  any  planter  or  person  shall 
hunt  or  shoot  vpon  or  within  the  precincts  or  lymitts 
of  his  neighbour  or  other  divident  without  leave  first 
obtained  for  his  soe  doing,  and  having  been  warned  by 
the  owner  of  the  land  to  forbear  hunting  and  shooting 
as  aforesaid,  he  or  they  soe  offending  shall  forfeit  for 
everie  such  offence  foure  hundred  pounds  of  tobacco, 
the  one  halfe  to  the  owner  of  the  land,  the  other  halfe 
to  publick  vses — Notwithstanding  it  shall  and  may  be 
lawfull  for  any  person  or  planter  to  hunt  and  shoot  up- 
on any  divident  of  land  not  being  planted  or  seated 
without  any  restraint  or  penalty,  Provided  that  the  ly- 
mitts of  everie  divident  be  bounded  with  certain  and 
noted  marks.  Provided  also  that  it  shall  be  lawfull  for 
any  person  having  shott  a  deare  or  other  game  with- 
out the  lymitts  of  any  man's  land  to  pursue  the  said 
deare  or  game  into  the  divident  of  another  man,  and 
freely  to  carry  away  the  same  without  any  trespass 
against  the  owner  or  proprietor  of  the  said  land  and 
without  incurring  the  penalty  of  this  said  act. 


Mort  gages 
to  he  regis- 
tered in 
quarter  or 
monthly 
coui  ts  ;  or 
deemed  frau- 
dulent as  to 
creditors. 


ACT  XII. 

WHEREAS  divers  persons  as  dayly  experience  in- 
formeth  doe  closely  and  privately  convey  over  their  es- 
tates by  way  of  mortgage  not  delivering  possession 
whereby  the  creditors  are  defrauded  and  defeated  of  their 
just  debts  not  having  knowledge  of  the  same,  Bt  it  there- 
fore enacted  and  confirmed,  for  redresse  of  the  like  in- 
conveniencies  hereafier  that  what  person  or  persons  so- 
ever either  have  since  January  1639  or  hereafter  shall 
make  or  pass  ov<t  any  convey  ance  as  aforesaid  of  any 
part  or  parcell  of  his  estate  in  any  other  way  or  man- 
ner then  what  shall  be  done  and  acknowledged  at  a 
quarter  court  or  monethly  court  and  there  registred 


MARCH,  1642-3—  18th  CHARLES  1st.  249 

such  conveyance  shall  be  adjudged  fraudulent  and  to  all 
intents  and  purposes  void  and  of  none  effect.  Provid-  Frovi*n 
ed  that  this  act  shall  not  extend  to  such  persons  who 
for  satisfaction  of  just  debts  shall  make  a  bill  of  sale  of 
their  estate  or  any  part  of  them,  and  therevpon  deliver 
the  estate  mentioned  in  the  bill  of  sale  into  the  posses- 
sion of  the  creditor,  but  that  such  act  shall  be  good  to 
all  intents  and  purposes  although  it  be  not  done,  nor 
acknowledgment  thereof  made  in  any  court  within  the 
collonie  as  if  this  act  had  never  been. 


ACT  XIII. 

BE  it  further  enacted  and  confirmed  that  the  planta-   Name  of  Ac- 
tion and  county  now  knowne  by  the  name  of  Achorn-   co°,ac  chan" 
mack    shall    be  knowne   and    called  by  the  county  of  Nor'ampton, 
North'ton,    It  is  likewise  enacted    and  confirmed  that   of  Charles 
Charles    River   county  shall  be  distinguished  by  this    Y^'  *°d 
name  (the  County  of  York)  And  that  Warwick  River   Warwick 
shall    be   called    the    County  of  Warwick,   And  that   Rivei  t0 
Chickahomini  parish   shall  be   nominated  and  called 
Wallingford. 


ACT   XIV. 

BE  it  aho   enacted  and  confirmed  vpon  considera-   Nor'ampton 
lion  had  of  the   large  extent  of  the  county  of  North'-  county  dmd- 

.  °  .  P         .      .  ".     .  .  eel  into  two 

ton  and  the  great  inconvenience  for  the  inhabitants  to  parishes, 
be  all  of  one  parish  that  the  said  county  shall  be  divid- 
ed into  two  parishes,  The  bounds  of  the  one  to  be  from 
the  eastermost  side  of  King's  Creek  towards  the  vtter-  1st  parish 
most  extent  of  land  towards  Smith's  Island  including 
all  the  land  between  the  bay  of  Chesopeiak  and  the  sea- 
board side. 

And  the  other  parish,  from  the  northward  side  of  the  2d  Parish 
said   King's   Creek  to    Nuswattocks  including  all  the 
lands  between  the  said  bay  of  Chesopeiak  and  the  sea- 
board side. 

Be  it  also  enacted  and  confirmed  that  the   inhabi- 
tants of  Mrs.  Edlow's    divident    lying   above  Sandy 
Poynt  shall  be  taken  and  admitted  into  the  parish  of 
Wallingford. 

2  H 


250 


LAWS  OF  VIRGINIA, 


Warwick 
county,  boun- 
daries of. 


ACT   XV. 

BE  it  enacted  and  confirmed  that  Warwick  county 
shall  be  bounded  as  folio  we  th  :  from  the  mouth  of 
Ketb's*  creek  vpp  along  the  lower  side  of  the  head  of 
it,  including  all  the  divident  of  Mr.  Thomas  Harwood 
(provided  it  prejudice  not  the  antient  boundsof  James 
Citty  county)  with  Mulberry  Island,  Stanly  Hundred, 
Warwick  River,  with  all  the  land  belonging  to  the 
Mills,  and  so  down  to  Newports  News  with  the  fami- 
lies of  Skowen's  damms  and  Persimon  Ponds. 


Lmhaven 
parish,  boun- 
daries of. 


May  elect 
burgesses. 


ACT  XVI. 

BE  it  further  enacted  and  confirmed,  vpon  the  peti- 
tion of  the  inhabitants  of  Liuhaven  parish,  by  the 
Governor,  Council  and  Burgesses  of  this  Grand  As- 
sembly that  the  parish  of  Linhaven  be  bounded  as 
followed)  (vizt.) 

To  beginn  at  the  first  creek  shooting  out  of  Cheso- 
peiack  bay  called  the  Little  Creek  including  all  the 
branches  of  the  said  creek  and  thence  extending  to  the 
head  of  Lynhaven  river,  including  all  the  branches  of 
the  said  river,  and  thence  to  extend  down  to  the  head 
of  the  easterne  branch  of  Elizab  :  River  to  a  creek  on 
the  northward  side  of  the  said  branch  called  the  Broad 
Creek,  and  on  the  southward  side  to  a  creek  called  the 
Indian  creek,  Provided  it  be  not  prejudicial!  to  the 
parishes  of  Eliz  :  River  and  southerne  shoare  by  take- 
ing  away  any  parte  of  the  said  parishes,  And  it  is  fur- 
ther enacted  and  confirmed  by  the  authority  aforesaid 
that  the  inhabitants  of  Lynhaven  parish  shall  not  be 
compelled  by  any  officer  to  be  exercised  in  martiall 
discipline  beyond  tlje  lymitts  of  the  said  parish,  And 
that  the  said  parishoners  shall  have  the  free  liberty  and 
priviledge  of  electing  and  choosing  Burgesses  for  the 
said  parish. 


Upper  Nor- 
folk county 
divided  into 
parishes. 


ACT  XVII. 

FFOR  the  better  inabling  the  inhabitants  of  this 
collony  to  the  religious  worship  and  service  of  Almigh- 
ty God  which    is   often  neglected   and   slackened    by 


Note  in  the  MS.  "  Nov/  Skisser." 


MARCH  1642-3—  18th  CHARLES  1st.  251 

"the  inconvenience  and  remote  vastnes  of  parishes,  It  is 

therefore  enacted   and   confirmed    by  the  authority  of 

this  present  Grand  Assembly,  that  the  county  of  Vp- 

per  Norff:  shall  be  divided  into  three  distinct  parishes 

(vizt.)  one  on  the  south  side  of  Nansiihum  River,  The   lst  wrj8i, 

bounds  of  the  parish  to  beginn  from  the  present  gleab 

to  the  head  of  the  said   river,  on  the  other  side  of  the 

river,  the  bounds  to  be  I  ym  it  ted  from  Cooling's  Creek 

including  both  sides  of  the  creek  vpwards  to  the  head 

of  the  Wester  ne  Branch  and  to  be  nominated  the  South 

parish. 

It  is  also  thought  fitt  and  confirmed  that  the  east  side  2d  parish. 
of  Nansimum  River  from  the  present  gleab  downe- 
wards  to  the  mouth  of  the  said  River  be  a  peculiar  pa- 
rish to  which  the  p:leab  and  parsonage  house  that  now 
is  shall  be  appropriated  and  called  the  east  parish. — 
The  third  parish  to  beginn  on  the  westerly  side  of  3d  parish 
Nansimum  River  to  be  lymitled  from  Coolings  Creek 
as  aforesaid  and  to  extend  downewards  to  the  mouth 
of  the  River  includinsr  all  Chuckatuck  on  both  sides 
and  the  Ragged  Isands  and  to  be  knowne  by  the 
name  of  the  West  parish. 

Be  it  also  'enacted  and  confirmed  that  the  parish  of  >jamesof 

Chescake  be  called  Hampton  Parish.  certain  pa- 

rishes chan- 
ge it  also  enacted  and  confirmed  for  the  convenien-  ^(esaforn?ed* 
ey  of  the  inhabitants  on    both  sides  of  Appomattock 
River  being  farr  remote  from  the  parish  church  of  the 
said  plantation  vpon  Appomattock  be  bounded  into  a 
parish  by  themselves   as  followeth,  to  beginn  at  Cau- 
son's  ffeild  within  the  mouth  of  Appomattock  River  on 
the  eastward  side,  and  at  Powell's  Creek  on  the  west- 
ward side  of  the   river,  and  so  to  extend  vp  the  river 
to  the  falls  on  both  sides  and  the  said  parish  to  be  call-   Bristol  parish 
ed  by  the  name  of  Bristoll. 

Be  it  also  enacted  and  confirmed  that  the  bounds  of  Weyanaakr 
the  parish  of  Weynoak  be  as  followeth,  beginning  at  Pansh- 
the  creek  called  David  Jone's  creek,  and  so  vpwards 
along  the  mayne  river  vnto  the  Oldrnan's  Creek,  and 
over  the  river  to  iilowerday  Hundred  and  so  downe 
the  river  on  that  side  the  water  vntoChippoak's  Creek 
where  Charles  Citty  county  endeth. 


252 


LAWS  OF  VIRGINIA. 


ACT  XVIII. 

Confirmation  Be  it  also  enacted  and  confirmed  vpon  consideration 

of  the  will  of  bad  of  the  godly  disposition  and  pood  intent  of  Ben- 
jamin Symms,  dec.  in  founding  by  his  hist  will  and 
testament  a  freeschool  in  Elizabeth,  county,  for  the  in- 
couragement  of  all  others  in  the  like  pious  perform- 
ances, that  the  said  will  and  testament  with  all  donati- 
ons therein  contained  concerning  the  ffreeschool  and 
the  scituation  thereof  in  the  said  county  and  the  land 
appurtcining  to  the  same,  shall  be  confirmed  according 
to  the  true  meaning  and  godiy  intent  of  the  said  testa- 
tor without  any  alienation  or  conversion  thereof  to 
any  place  or  county. 


Benjamin 

Sj  ;n!!is,  giv 
ing  lands  in 
Elizabeth 
City  lor  a 
free  school. 


Vacant  lots 
in  James  City 
to  he  built 
upon  by 

niters. 


ACT  XIX. 

WHEREAS  much  ground  intended  for  James  Cit- 
ty  hath  layen  long  deserted  by  the  antient  proprietors 
who  neither  build  themselves  nor -suffer  others,  This 
present  Grand  Assembly  doth  hereby  enact  and  conjirme 
that  all  such  that  have  built  decent  houses  vpon  ground 
so  deserted  towards  the  making  of  a  Towne  since  Ja- 
nuary 1G40  or  shall  add  more  to  them  after  publica- 
tion of  these  acts  shall  hold  them  without  interruption 
of  the  said  proprietors  or  any  of  them,  according  to 
the  custome  and  his  majesties  and  their  lordships  in- 
structions concerning  land,  Provided  allwaies  that  the 
said  antient  owner  shall  have  allotted  him  as  much 
ground  in  stead  thereof  as  near  the  towne  as  conveni- 
ently may  be,  Provided  allways  in  such  ground  so  de- 
serted such  as  shall  build  vpon  it  and  take  it  vpp  for 
themselves  shall  pay  to  his  majestie  all  such  and  the 
like  rent  or  rents  as  are  reserved  vpon  the  grant  to  the 
first  proprietor  as  in  the  case  of  other  land  deserted. 


Punishment 
on  servants 
marrying 
without 
leave  ot  their 
owner-a 


ACT  XX. 

WHEREAS  many  great  abuses  h  much  detriment 
have  been  found  to  arise  both  against  the  law  of  God 
and  likewise  to  the  service  of  manye  masters  of  fami- 
lies in  thecollony  occasioned  through  secret  marriages 
of  servants,  their  masters  and  mistresses  being  not 
any  ways  made  privy  thereto,  as  also  by  committing 


MARCH,  1642-3— 18th  CHARLES  1st.  253 

of  fornication,  for  preventing  the  like  abuses  hereafter, 
Be  it  enacted  and  confirmed  by  this  Grand  Assembly 
that  what  man  servant  soever  hath  since  January  1640 
or  hereafter  shall  secretly  marry  with  any  mayd  or  wo- 
man servant  without  the  consent  of  her  master  or  mis- 
tres  if  she  be  a  widow,  he  or  they  so  offending  shall  in 
the  first  place  serve  out  his  or  their  tyme  or  tymes  with 
!n's  or  their  masters  or  mistresses,  and  after  shall  serve 
his  or  their  master  or  mistress  one  compleat  year 
more  for  such  offence  committed,  And  the  mayd  or 
woman  servant  so  marrying  without  consent  as  afore- 
said shall  for  such  her  offence  double  the  tyme  of  ser- 
vice with  her  master  and  mistress,  And  a  ffreeman  so 
offending  shall  give  satisfaction  to  the  master  or  mis- 
tress by  doubling  the  value  of  the  service  and  payaffine 
of  five  hundred  pounds  of  tobacco  to  the  parish  where 
such  offence  shall  be  comitted,  And  it  is  also  further  Also  for  com- 
enacted  and  confirmed  by  the  authority  of  this  Grand  "V,t,ne  for' 

v\  rent !  0 11 

Assembly  that  if  any  man  servant  shall  comit  the  act  of 
fornication  with  any  mayd  or  woman  servant,  he  shall 
for  his  offence,  besides  the  punishment  by  the  law  ap- 
pointed in  like  cases,  give  satisfaction  for  the  losse  of 
her  service,  by  one  whole  year's  service,  when  he  shall 
be  free  from  his  master  according  to  his  indentures, 
\nd  if  it  so  fall  out  that  a  freeman  offend,  as  formerty 
he  shall  be  compelled  to  make  satisfaction  to  the  mas- 
ter or  mistris  of  the  said  woman  servant  by  his  service 
for  one  complrat  year,  or  otherwise  give  forthwith  such 
valuable  consideration  as  the  comissioners  in  their 
discretion  shall  think  fitt . 


ACT  XXI. 

WHEREAS  complaints  are  at  every  quarter  court  Penalty  for 
exhibited  against  divers  persons  who  entertain  and  harbouring 
enter  into  covenants  with  runaway  servants  and  free-  "Ji,,,6*1"! 

ii'iii  I  Willi   3  rllil" 

men  who  have  formerly  hired  themselves  to  others  to  away  servant 
the  great  prejudice  if  not  the  vtter  vndoeing  of  divers  or  hireling 
poor  men,  thereby  also  encourageing  servants  to  runn 
from  their  masters  and  obscure  themselves  in  some  re- 
mote plantations,  Vpon  consideration  had  for  the  fu- 
ture preventing  of  the  like  injurious  and  vnjust  deal- 
ings, Be  it  enacted  and  confirmed  that  what  person  or 
persons  soever  shall  entertain  any  person  as  hireling, 
or  sharer  or  vpon  any  other  conditions  for  one  whek 


♦254 


LAWS  OF  VIRGINIA, 


yeare  without  certificate  from  the  commander  or  any- 
one commissioner  of  the  place,  that  he  or  she  is  free 
from  any  ingagement  of  service,  The  person  so  hireing 
without  such  certificate  as  aforesaid,  shall  for  every 
night  that  he  or  she  entertaineth  any  servant  either  as 
hireling  or  otherwise,  fforfeit  to  the  master  or  mistris 
of  the  said  servant  twenty  pounds  of  tobacco,  And  for 
evrie  freeman  which  he  or  she  entertaineth  (formerly 
hired  by  another)  for  a  year  as  aforesaid,  he  or  she  shall 
forfeit  to  the  party  wht  had  first  hired  him  twenty 
pounds  of  tobacco  for  every  night  deteyned.  And  for 
everie  freeman  which  he  or  she  entertaineth  (though 
he  hath  not  formerly  hired  himselfe  to  another)  with- 
out certificate  as  aforesaid,  And  in  all  these  cases  the 
party  hired  shall  receive  such  censure  and  punishment 
as  shall  be  thought  fitt  by  the  Governor  and  Counsell: 
All  ways  provided  that  if  any  such  runnaway.  servants 
or  hir^d  freemen  shall  produce  a  certificate,  wherein  it 
appears  that  they  are  freed  from  their  former  masters 
service  or  from  any  such  ingagement  respectively,  if 
afterwards  it  shall  be  proved  that  the  said  certificates 
are  counterfeit  then  the  retayner  not  to  suffer  according 
to  the  penalty  of  this  act,  But  such  punishment  shall 
be  inflicted  vpon  the  forger  and  procurer  thereof  as 
the  Governor  and  Council  shall  ihink  fitt. 


Runaway 
servants, 
how  punish- 
ed. 


For  a  second 
offence  to  he 
branded  on 


ACT  XXII. 

WHEREAS  there  are  divers  loytering  runaways 
in  the  collony  who  very  often  absent  themselves  from 
their  masters  service,  And  sometimes  in  two  or  three 
monthes  cannot  be  found,  whereby  their  said  masters 
are  at  great  charge  in  finding  them,  And  many  times 
even  to  the  losse  of  their  year's  labour  before  they  be 
had,  Be  it  therefore  enacted  and  confirmed  that  all  run- 
naways  that  shall  absent  themselves  from  their  said 
masters  service  shall  be  lyable  to  make  satisfaction  by 
service  at  the  end  of  their  tymes  by  indenture  (vizt.) 
double  the  tynie  of  service  soe  neglected,  And  in  some 
cases  more  if  the  comissioners  for  the  place  appointed 
shall  find  it  requisite  and  convenient.  And  if  such 
runnaways  shall  be  found  to  transgresse  the  second  time 
or  oftener  (if  it  shall  be  duely  proved  against  them) 
that  then  they  shall  be  branded  in  the  cheek  with  the 


MARCH,  1642-3— ISth  CHARLES  1st.  255 


letter  R.  and  passe  vnder  the  statute  of  incorrigible  the  cheek 

Willi  r 

terR. 


rogues.  Provided  notwithstanding  that  where  any  ser-  ' 


IOV1SO  111 


vants  shall  have  just  cause  of  complaint  against  their 
masters  or  mistrises  by  harsh  or  vnchristianlike  vsage  p 
or  otherways  for  want  of  diet,  or  convenient  necessa-   case  of  ill 
ryes  that  then  it  shall  be  lavvfull  for  any  such  servant  usage  of  mas- 
or  servants  to  rep  aire  to  the  next  comissioner  to  make 
his  or  their  complaint,   And  if  the  said  commissioner 
shall  find  by  good  and  sufficient  pioofes,  that  the  said 
servant's  cause  of  complaint  is  just,  The^aidcomission- 
er  is  hereby  required  to  give  order  for  the  warning  of 
any  such  master  or  mistris  before  the  comissioners  in 
their  seuerall  county  courts,  where  the  matter  in  differ- 
ence shall  be  decided  as  they  in  their  discretions  shall 
think  fitt,  And  that  care  be  had  that  no  such  servant 
or  servants  be  misvsed  by  their  masters  or  mistrises, 
where  they  shall  find  the  cause  of  complaint  to  be  just. 
Be  it  further  also  enacted  that  if  any  servant  running  Felony  to 
away  as  aforesaid  shall  carrie  either  peice,  powder  and  jei'&c"^ 
shott,  And  leave  either  all  or  any  of  them  with  the  In-  the  Indians 
dians,  And  being  thereof  lawfully  convicted  shall  suffer 
death  as  in  case  of  ffelony. 


ACT  XXIII. 

• 

BE  it  also  enacted  and  confirmed,  that  what  person  Penalty  fei 
or  persons  soever  shall  sell  or  barter  with  any  In-  selling  arms 
dian  or  Indians  for  peece,  powder  and  shott  and  being  [1!"™" 
thereof  law  fully  convicted,  shall  forfeit  his  whole  estate,   Indians,  or 
the  one  halfe  to  the  informer  the  other  halfe  to  the  vse  dealing  wiih 
of  the  county  where  such  ffact  shall  be  committed,  And 
if  any  person  shall  barter  or  trade  with  the  Indians  for 
any  other  comodities  such  person  shall  suffer  imprison- 
ment at  the  discretion  of  the  Governour  and  Counsel!, 
And  whereas  it  is  informed  that  divers  persons  do  en- 
tertaine  Indians  to  kill  deare  or  other  game,  And  do 
furnish  the  said  Indians  with  peeces,  powder  and  shott, 
by  which  great  abuse,  not  onely  the  Indians  (to  the 
great  iudangering  of  the  collony)  are  instructed  in  the 
vse  of  ovr  arms,  But  have  opportunity  given  them  to 
store  themselves  as  well  with  arms  as  powder  and  shott, 
Be  it  therefore  enacted,  That  what  person  or  peisons 
soever  within  the  collony,  shall  lend  any  Indian  either 
peece,  powder  and  shott,  It  shall   be  lawful!   for  any 
person  meeting  with  any  such  lndiau  so  furnished,  to 


256  LAWS  OF  VIRGINIA, 

take  away  either  peece,  powder  or  shott,  so  as  such  per- 
son taking  away  eilher  peece,  powder  or  shott  do  carric 
the  same  to  the  comander  of  the  county,  and  acquaint 
hirn  therewith,  which  said  comander  is  hereby  autho- 
rized to  give  possession  to  the  informer  either  of  the 
peece,  powder  or  shott  so  brought  before  him,  And 
the  said  commander  is  further  required,  to  make  a  strict 
inquiry  and  examination  to  find  out  such  person  that 
did  lend  or  give  such  peece,  powder  or  shott  to  the  In- 
dians, And  in  case  the  said  commander  or  other  com- 
manders in  examination  shall  find  any  person  by  just 
proofe  delinquent  in  the  premises,  he  or  they  are  to 
bind  over  the  said  party  to  answer  the  same,  before  the 
Governor  aud  Counsell  the  ensuing  quarter  court,  And 
in  such  case  the  party  delinquent  for  his  just  offence 
shall  forfeit  two  thousand  pounds  of  tobacco,  the  one 
halfe  whereof  shall  be  and  come  to  the  King's  majes- 
ty, tlie  other  halfe  to  the  informer,  And  it  is  further 
enacted  that  such  delinquent  for  his  second  offence 
shall  forfeit  his  whole  estate,  one  halfe  to  the  King  the 
other  halfe  to  the  informer.  And  this  act  to  be  of  force 
after  publication  hereof  in  each  county. 


ACT  XXIV. 

Process  THE  Governor  and  Counsell  with  the  Burgesse6  of 
ofs^'i'tei*1-"  the  Grand  Assembly  haveinge  taken  into  serious  con- 
rived  from  sideration  the  estate  of  the  colloiiy  and  finding  that 
England  many  people  have  (through  their  inffacrements  in  Ener- 

nsnended.  1       n  r         i        a.  •     '    «*  ,  a  i     a  u-.i 

land)  forsaken  their  native  countrey  and  repaired  hither 

with  resolution  to  abide  here,  hopeing  in  time  to  gain 
some  competency  of  subsistance  by  their  labors,  Yet 
neverth'les  their  creditors  hearing  of  their  aboad  here 
in  the  collony,  have  prosecuted  them  with  their  actions 
to  the  ruine  of  the  said  debtors,  And  having  duely 
weighed  the  causes  aud  reasons  induceing  such  debt- 
ors to  leave  their  countrey  and  friends,  And  if  such 
suits  and  pleas  be  thus  early  admitted  before  the  coun- 
trey shall  come  to  better  maturity,  It  might  hazard  the 
deserting  of  a  great  part  of  the  country,  Therefore  that 
the  generall  good  be  preferred  before  the  particular 
ends  of  any  person,  The  Governor,  Counsell  and  Bur- 
gesses do  hereby  enact  and  confirm,  that  all  process  & 
suits  of  thi«  nature  be  suspended  vntil  his  majestic  shall 


MARCH,  1642-3—  18th  CHARLES  1st.  357 

»ignifie  his  royal  pleasure  herein*  Provided  that  if  it  Proviso 
shall  appear  to  the  Governor  and  counsell  that  the  debts 
soe  impleaded  have  relation  to  the  collonv  either  for 
adventure  of  any  good&of  for  the  accomodation  of  any 
planter  in  or  for  his  return  into  the  collony,  Then  it 
shall  and  may  be  lawfull  for  any  creditor  vpon  just 
proofe  of  his  debt  to  have  such  releif  rs  in  justice  shall 
be  found  due.  Any  thing  in  this  act  to  the  contrary  not- 
withstanding-. 


ACT  XXV. 

BE  it  also  enacted  and  confirmed  that  the  order  of     Order  of 
court  made  the  8th  of  October  1030  for  the  grant  of  court  oi  1630 
land  to  the  Vndertakers  th  it  seated  the  first  and  second   S'JSJS.jT 
year  vpon  Chescak?  and  Yorke  be  hereby  ratified  and   seders  con- 
confirmed    vnto  the  said  vndertakers  according  to  the  fl,med- 
f-rue  intent  of  the  said  order. 


serve. 


ACT  XXVI. 

WHEREAS    divers  controversies   have  risen   be-  Servants 
tween  masters  and  servants  being  brought  into  the  col-   brought  in 
lony   without  indentures  or  covenants  to  testifie  their  jgnlu"^0 
agreements  whereby  both  masters  and  servants  have  howioiigto 
been    often   prejudiced,    Be   it   therefore  enacted  and 
confirmed  for  prevention  of  future  controversies  of  the 
like  nature,  that  such  servants  as  shall  be  imported 
haveing  no  in  lentures  or  covenants  either  men  or  wo- 
men if  they  be  above  twenty  year  old  to  serve  fowre 
year,  if  they  shall  be  above  twelve  and  vnder  twenty  to 
serve  five  years,  And  if  under  twelve  to  serve  seaven 
vears. 


ACT  XXVII. 

BE  it  further  enacted  and  confirmed  by  the  author i-  No  blank 

ty  aforesaid  that  no  blank  warrant  shall   be   made  or  JJJJJ'S*, 

executed    by    any    clerke  or  sheriffe  within  the  collo-  wnt  lo  be  dr- 

ny,    And    also   that  no  writ  or  process  be  directed  to  rectedto 

more  than  one  sheriffe  (vnles  against  felons  runnaway  ™ne' ^"J; 

2   I 


258 


LAWS  OF  VIRGINIA, 


Proviso. 


servants  or  for  other  criminal  causes,)  And  for  such  as 
shall  be  found  delinquent  to  he  censured  by  the  Gov- 
ernor and  Counsell. 


ACT  XXVIII. 


Encourage- 
ment to 
Dun  h  mer- 
chants. 


lJuiies  how 
secured. 


Be  it  also   enacled  by  this  Grand  Assembly  that  H 
shall  he  free  and  lawful!  for  any   merchant,  factors  or 
others  of  the  Dutch  nation  to  import  wares  and  mer- 
chandizes and  to  trade  or  traffique  for  the  commodity's 
of  the  collony  in  any  shipp  or  shipps  of  their  owne  or 
belonging  to  the  Netherlands,  And  whereas  it  is  pre- 
tended  by  a  petition  exhibitted  to  this  Assembly  from 
Dutch  merchants  that  the  nation  is  much  discouraged 
from  adventuring  hither  by  reason  of  the  strict  course 
which  is  taken  here,  to  exact  bonds  with  security    for 
the   payment  of  his   majesties  custome  at  the  port  of 
London,  (which  security  they  being  strangers  is  very 
difficult  for  them  to  find   or  procure,)  Be  it  therefore 
enacted  and  established  hy   this  Grand  Assembly  and 
the  authority  of  the  same  that  what  Dutch  merchant 
shall  adventure  goods  and  merchandise  into  this  collo- 
ny and  shall  bring  in  with  them  good  and  sufficient  let- 
ters of  creditt  directed  to  the  Governor  from  some 
merchant  or  merchants  inhabiting  within  theCitty  of 
London  of  knowne  repute  and  ability   to  this  effect, 
that  the  said  merchant  from  such  letters  shall  come  will 
satifietohis  rnajest's  collectors  or  customers  such  dues 
and  demands  ;>s  >hall  1)e  (bund  due  to  be  paid  by  them, 
and  is  or   shall  be  thought  fitt  to  required  from  mer- 
chants of  that  nation  tradeiug  in  that  commodity  within 
the  kingdom   of  England  or  at  the   port  of  London, 
that    then  it  shall  be    free  and  lawful  I  for  such  Dutch 
merchant  to  exporte  his  tobacco  out  of  the  collony  with- 
out entring  into  any  bond  or  obligation  for  defraying 
any  custodies  or  without  any  stopp  or  hinderance,  then 
that  he  be  compelled  to  charge  bills  of  exchange  to  sa- 
tisfy according  to  the  tenor  and  effect  of  the  letter  of 
creditt.  And  it  is  further  lii<>v<rht  jitt  that  this  act  be 
transmitted  and  authenticated  voder  the  signett  of  the 
Counsell  and  the  hand  of  the  Secretarv. 


MARCH,  1042-3 — I81I1  CHARLES   1st.  250 

ACT  XXIX. 

BE  it  also  enacted  that  no  person  or  persons  what-  Servitude  foi 

soever   for   any    offence   already   committed  or  to  be  offences  ab<»- 
committed   shall   be    hereafter   adjudged  to  serve  the  * 

collony. 

ACT  XXX. 

WHEREAS  by  the  18th  act  of  Assembly  1641,  It  Goods  taken 
was  appointed  for  the  equall  appraisments  of  goods  |»«*xecuti..i). 
seised  by  execution  that  all  pits,  and  (lefts,  should  ed, 
choose  each  of  them  two  indifferent  men  for  that  pur- 
pose and  in  case  of  disagreement  the  said  four  or  any 
three  of  them  do  chuse  an  vmpire,  which  vmpire  sot 
chosen,  shall  be  svvorn  before  the  next  comissioner  to 
praise  such  goods  indifferently  and  his  vmpirage  to  be 
final,  And  where. is  the  said  act  doth  not  lymitt  a  con- 
venient time  for  the  chusing  of  appraisers  as  aforesaid 
which  caiiseth  much  neglect  and  delay  to  arise  to  the 
prejudice  of  divers  persons  if  it  be  not.  prevented,  Be 
it  therefore  enacted  by  the  authority  of  this  Grand  As- 
sembly that  if  any  persons  either  pit.  or  deft  shall  neg- 
lect to  appoint  appraisers  according  to  the  real  intent 
of  the  said  act  within  three  days  notice  given  them  by 
any  sheriff towhom  execution  of  seizure  shall  be  direct- 
ed, It  shall  be  lawful!  for  any  sheriff  in  case  of  neglect 
as  aforesaid  to  chuse  and  appoint  appraisers,  either  for 
the  ph.  or  deft,  for  the  appraisement  of  any  goods 
seized  by  execution  as  aforesaid. 


ACT  XXXI. 

BE  it  further  enacted  and  confirmed  that  no  sheriffe   Sheriffs  to 
for  the  future  do  retaine  continue  or  execute  the  ofliee  continue  in 
of  a   sheriffe   any   longer  then  one  whole  year  in  one  yea^nX 
county,  And  the  said  sheriffe  of  everie  county   respec- 
tively doe  bring  in  and  yeeld  vp  at  everie  March  quar- 
ter court  yearly  to  the  Govef  notir  and  Counsell  a  just 
accomptof  all    publique    comands  committed  to  their 
charge,  At  which  time  they  are  to  be  discharged  at  the 
said    court,   and  also  that  all  shrrriffs  doe  give  good 
caution  to  the  county  courts  for  the  performance  of  the 
trust  comitted  vnto  them. 


260 


LAWS  OF  VIRGINIA, 


ACT  XXXII. 

Or  hnns  ^  *l  a^s0  enact,u'  an<1  confirmed    for  the  benefit  of 

landTprotect-    all  orpliants  that  the  coBUssioners  of  the  several!  coun- 
ed  from  ty  COurs,  do   take  into  their  serious  consideration  and 

ure,  &°crfeit"  care  tliat  no  land  belonging  to  any  orphant  within  their 
county;  respectively,  he  alienated,  sold  estranged  or 
taken  vp  as  deserted  by  any  person  or  persons  during 
their  minoritie,  vntil  three  years  after  their  full  age, 
nor  that  they  suffer,  nor  any  waies  coiiive  att  the  over- 
seers or  guardians  intrusted  for  orpliants  as  aforesaid, 
do  farm,  sett  or  left  to  lease  any  tenements  or  lands 
due  to  such  orpliants  for  any  longer  term  of  years  then 
vntil  the  said  orpliants  shall  come  to  age  as  aforesaid. 


Fersons  set- 
tling cu  lands 
ol  others  to 
be  allowed 
for  their  im- 
provements, 
and  if  they 
exceed  the 
value  ol  the 
land,  ihe  1st 
settler  to 
have  the  l^ml 
at  valuation. 


Proviso  in 
cise  of  or- 
phans. 


Guardians 
&.  overseers 
of  orphans, 
♦heir  duties. 


ACT  XXXIII. 

WHEREAS  divers  suits  are  and  have  been  comenc- 
ed  in  courts,  depending  on  the  differences  of  land, 
to  the  great  trouble  and  molestation  of  the  whole  col- 
lony,  fibr  prevention  thereof,  be  it  enacted  and  con- 
firmed, that  if  any  person  or  persons  whatsoever  have 
sett  downevpoh  any  plantation  or  ground  which  did 
properly  belong  to  any  other  man,  And  if  it  shall  fall 
out  by  a  just  survey  to  be  the  right  of  him,  Although 
it  hath  been  formerly  peopled,  cleared  and  builded  vp- 
on  by  authorities  that  a  valuable  consideration  be  al- 
lowed by  the  judgment  of  twelve  men  vpon  oath  to  the 
first  that  hath  seated  vpon  it,  Rut  if  the  charge  shall 
amount  to  more  then  the  owner  is  willing  to  disburst, 
that  he  that  is  in  possession  shall  <;ive  satisfaction  for 
the  land  what  it  may  be  judged  worth,  by  twelve  men 
before  the  seating  thereof*,  which  jurie  to  be  sworneby 
the  next  amhoritie  qualified  to  the  administration  of  an 
oath,  Provided  that  this  act  shall  not  extend  to  any  or- 
pliants land  nor  that  such  land  shall  be  accounted  de- 
serted vntil  three  years  after  the  full  age  of  any  or- 
phant. 


ACT  XXXI Vr. 

WHEREAS  there  hath  been  the  generall  suffer- 
inge  of  the  collony,  that  the  orphants  of  divers  de- 
ceased persons  have  been  \ery  much  abused  and  pre- 


MARCH,  1642-3— 18th  CHARLES  1st.  261 

judiced  in  their  estates  by  the  negligence  of  overseers 
and  guardians  of  such  orphants,  Be  it  therefore  enact' 
td  and  confirmed,  that  the  guardians  and  ouerseers  of 
all  orphants  shall  carefully  keep  and  preserve  such  es- 
tates as  shall  be  remitted  to  their  trust  either  by  order 
of  court  or  otherwise,  And  shall  likewise  deliver  an  ex-  To  account 
act  acompt  once  everie  year  to  the  comissioners  of  the  yearly  to 
severall  county  courts  respectively  of  the  said  estates  court- 
and  of  the  increase  and  improvement,  who  are  hereby 
required  to  keep  an  exact   register  thereof,   And  all 
overseers  and  guardians  of  such  orphants  are  injoyned 
by  the  authoritie  aforesaid  to  educate  and  instruct  them 
according  to  their  best  endeavours  in  Christian  religion 
and  in  rudiments  of  learning  and  to  provide  for  them 
necessaries  according  to  the  competence  of  their  estates, 
And  where  any  shall  be  found  delinquent  in  the  pre- 
mises the  comissioners  of  the  said  county  courts  are  re- 
quired to  take  the  care  of  the  said  orphants  and  their 
estates  into  due  consideration  and  to  see  them  provided 
for  according  to  their  estates  and  qualities. 


ACT  XXXV. 

Be  it  also  enacted  ry  confirmed,  for  the  better  obser-  Sabbath  day  , 
vation  of  the  Sabbath  that  no  person  or  persons  shall  h°w  to  l'c 

i  i  *  •.  i  i  l    observed. 

take  a  voyage  vppon  the  same,  except  it  be  to  church   lNo  voya„e 
or  for  other  causes  of  extreme  necessitie  vpon  the  pe-  upon; 
naltie  of  the  forfeiture  for  such  offence  of  twenty  pounds 
of  tobacco  being  justly  convicted  for  the  same. 

Be  it  further  enacted  &-  confirmed,  for  the  better  ob-  _    , 

•  r     i       c-.    i       i  i   i •         i  •  c  t  0r  snooting 

servation  of  the  baboth  and  (or  the  restraint  of  divers 
abuses  committed  in  the  collony  by  vnlawfull  shooting 
on  the  Sabbath  day  as  aforesaid,  vnles  it  shall  be  for 
the  safety  of  his  or  their  plantations  or  corne  fields  or 
for  defence  against  the  Indians,  he  or  they  so  offending 
shall  forfeit  for  his  or  their  first  offence  being  thereof 
lawfully  convicted,  if  he  be  a  freeman  the  quantity  of 
twenty  pounds  of  tobacco,  and  if  a  servant  to  be  pu- 
nished at  the  discretion  of  his  master,  And  if  masters 
of  any  such  servants  be  remisse  and  negligent  in  the 
punishing  of  his  servant  for  the  offence  aforesaid  he 
shall  be  liable  to  the  forfeiture  of  twenty  pounds  of 
tobacco,  being  justly  convicted  for  die  «ame. 


2'M 


LAWS  OF  VIRGINIA, 


Discovery  of 
a  new  river 
S.  \V   of  Ap- 
pamattox, 

authorised. 


Encourage- 
ment. 


Reservation 

of  royal 
mines. 


ACT  XXXVI. 

FFOR  as  much  as  Walter  Austin,  Rice  Hoe,  Jo- 
seph Johnson  and  Walter  Chiles  for  themselves  h  such 
others  as  they  shall  think  fitt  to  joyn  with  them,  did 
petition  in  the  Assembly  in  June  1641  for  leave  &.  en- 
couragement to  vndertake  the  discovery  of  a  new  ri- 
ver  or  vnknowne  land  bearing  west  southerly  from 
Appomattake  river,  Be  it  enacted  and  confirmed,  that 
they  and  every  of  them  and  vvhome  they  admitt  shall 
enjoy  and  possess  to  them,  their  heires,  executors  or 
administrators  or  assigns  all  profitt  whatsoever  they  in 
their  particular  adventure  can  make  vnto  themselves 
by  such  discovery  aforesaid,  for  fourteen  years  after 
the  date  of  the  said  month  January  1641,  Provided 
there  be  reserved  and  paid  vnto  his  majest's  vse  by 
them  that  shall  be  appointed  to  receive  the  same,  the 
fifth  part  Royall  Mines  whatsoever,  Provided  also, 
that  if  they  shall  think  fitt  to  employ  more  than  two  or 
three  men  in  the  -aid  discovery  that  they  shall  then  do 
it  by  commission  from  the  Govemour  and  Couusell. 


Money  debts 
not  jileadable 
or  recover- 
able. 


ACT   XXXVII. 

WHEREAS  manie  and  great  in  conveniences  do 
dayly  arise  by  dealing  for  monie,  Be  it  enacted  and 
confirmed  by  the  authoritie  of  this  present  Grand  As- 
sembly, that  all  monie  debts  made  since  the  26th  day 
of  March  1642  or  hereafter  shall  be  made  shall  not  be 
pleadable  or  recoverable  in  any  court  of  justice  vnder 
this  government,  And  that  a  coppie  of  this  act  be  by 
the  Capt.  of  the  Hurt  or  his  deputy,  be  fixed  on  the 
mastes  of  all  shipps  vpon  their  arrivall  within  the  go- 
verment,  to  the  intent  that  all  people  whatsoever  might 
take  notice  hereof. 


Ail  former 
survc,  i  of 
land  confirm- 
ed. 


ACT  XXXVIIL 

FFOR  as  much  as  divers  men  have  been  att  great 
charges  for  the  laying  out  and  surveying  their  se- 
verall  dividents  according  to  a  former  order  of  court 
for  the  surer  and  certainer  settlements  of  themselves 
in  their  estates,  Be  it  enacted  und  confirmed,  thai  all 
surveys  made  by  allowed  surveyors, are  hereby  approv- 


MARCH,  1642-3— 18ih  CHARLES  1st.  203 

ed  as  authentic!;,  And  that  no  person  or  persons  what- 
soever who  hath  layd  out  or  surveyed  his  or  their  land 
or  lands  shall  he  hereafter  compelled  to  resurvev  his 
or  their  land  or  lands  by  any  surveyor  or  Surveyors 
whatsoever. 


ACT  XXXIX. 

FFOR  the  dispatch  and  reputation   of  public  buis-    Burgesses 
nesses,   Be  it  enacted  and  confirmed  that   none  of  the  i",vllt-,a 

Be     i  •  ;•  ii  *  i  i        i     ii    trom  arrest* 

urgesses    of   this   nor   any  following  Assembly  shall 

be  arrested  from  the  time  of  his  election  vnlil  ten  days 

after  disolution  of  the  Assembly  wherein   he  serves  as 

a  Burgesse. 


ACT  XL. 

BE  it  enacted  and  confirmed  by  the  authoritie  of  The  22d  of 
this  Grand  Assembly  that   the   22d  day  of  March  be   March  to  be 
yearly  kept   holy  in   commemoration  of  our  deliver-   lyd^*1 
ance  from  the  Indians  at  the  bloody  massacre  the  32d 
March  1621,    And  that  the  ministers   of  every  parish 
give  notice  thereof  to  his  parishoners  the  Sabbath  day 
next  before. 


ACT   XL1. 

IT  is  enacted  ami  confirmed  that  masters  of  every  Guns  to  be 
family  shall  bring  with  them   to  church  on   Sondays  ^:>"<'*'<i  tt» 
one  fixed  and  serviceable  gun  with  sufficient  powder 
and  shott  vpon  penalty  of  ten  pound  of  tobacco    for 
every  master  of  a  family  so  offending  to  be  disposed 
of  by  the  churchwardens  who  shall  leavy  it  by  distressed, 
and  servants  being  commanded  and  yet  omitting  shall  Penalty 
receive  twenty  lashes  on  his  or  theire  bare  shoulders, 
by  order  from   the  county  courts  where  he   or   they 
shall  live. 


ACT   XL1I. 


IT  is  enacted  and  confirmed  by  the  authoritie  afore.-  Old  settlers 
said  that  all   such   persons  as  were  here  or  came  in  ®xempte1?.. 

il  •<•..•        rr^i  /~i  111  troill   llllllll. 

att  the  last  comeiug  ol  Sir  Tho.  Gates  should  be  ex-  ciiaiges 
"  d  from  their  persona}]  service  to  the  wars  and  all 


264 


LAWS  OF  VIRGINIA, 


Exception.  publique  charges,  ministers,  duties  excepted,  not  ex- 
empting their  familyes  excepting  such  as  shall  be  im- 
ployed  in  cheifr. 


Boats  and 
canoes,  pe- 
nalty for  pri- 
vately taking 

them. 


ACT  XLIII. 

FFOR  as  much  as  divers  persons  suffer  great  dam~ 
age  by  private  and  concealed  takeing  away  of  boats  & 
canons  without  license  from  the  owners  thereof,  It  is 
enacted  and  confirmed  by  the  auihoritie  aforesaid  that 
the  comissioners  of  each  county  shall  be  hereby  au- 
thorized and  required  to  order  and  give  satisfaction 
from  the  party  soe  trespassing  vnto  those  injured  b> 
want  of  his  or  their  boat,  boats  or  canoos. 


Creditors  su- 
ing their 
debtors  who 
have  tender- 
ed satisfac- 
tion, to  pay 
•~osts 


ACT  XLIV. 

WHEREAS  divers  suits  have  been  causelessly  com 
menced  when  satisfaction  hath  been  preferred,  Yef 
creditors  for  sundry  and  sinister  malicious  ends  have 
sued  their  debtors  to  the  further  charging  of  poor  men 
and  troubling  of  the  government,  Be  it  therefore  enact- 
ed and  confirmed  that  all  pits,  shall  demand  satisfac- 
tion for  what  the  claim  as  due  vnto  them  from  the 
partie  they  sue,  and  make  sufficient  and  legal  proofes 
of  such  demands  at  the  tyme  when  they  shall  sue.  to 
the  intent  that  if  such  satisfaction  hath  been  prefered 
as  the  court  shall  approve,  then  the  charges  by  such 
pits,  who  have  vnnecessarily  troubled  their  debtors. 


No  act  ot 
court  or  pro- 
clamation to 
contravene 
an  act  of  as- 
sembly. 


ACT  XLV. 

IT  is  enacted  and  confirmed  that  no  act  of  court  op 
proclamation  do  hereafter  enjoyne  any  obedience  con- 
trary to  an  act  of  Assembly  vnless  in  manner  of  seat- 
ing of  new  plantations,  Provided  that  no  refractory 
person  do  refuse  obedience  and  conformilie  to  an  act 
of  Assembly  vnder  any  pretence  whatsoever  vntil  the 
reversal  of  the  same  by  the  following  Assembly. 


Sheriff  of 
each  county 
'okeep  pri- 


ACT  XLVf. 


BE  it  enacted  and  confirmed  by  the  auihoritie  ajorc- 
said  that    the   sheriffs   of  the    several!    counties  re- 


MARCH,  1642-3— 18th  CHARLES  1st.  265 

spectively  shall  delaine  and  keep  all  sueh  prisoners  as  sonars  for  tr*> 

shall  from  time  to  tyme  happen  to  be  within  the  said   S"f,he 
several!  counties  as  thereto  have  their  try  all  before  the  quarter  court 
Governor  and  Counsel!  att  Ja  :  Cittv  vntill  the  first  day  <»«  *».  City. 
of  the  said    court   which  siiall  be  appointed  for  their 
tryal!,  And  that  then  the  said  sheriffs  or  their  deputies 
are  to  deliver  the  said  prisoners  into  the  custody  of  the 
sheriff  of  James   Citty,  And  be  it  further  enacted  and 
confirmed  that  the  comissioners  of  the  severall  coun- 
tyes  doe  take  care  that   sufficient  prisons  be  built  for  „|j[j*tobe 
the  vse  of  the  severall  countyes  respectively.  bm.t. 

Be  it  further  enacted  and  confirmed  by  the  authoritie  Counties  not 
a  foresaid   that    if  any    person  shall  happen  to  escape   providing 
lro.u  the  hands  or  custody  of  any  shernfis  ot  any  seve-   gons  riabl^ 
rail  countyes  respectively  for  want  of  a  sufficient  pri-   for  escapes, 
son  in  each  county.   All  such  sheriffs  shall  find  his  re- 
medie  against  th.'  severall  couutyes  which  shall  be  de- 
linquent in    the  building  of  prisons,  And  it  is  also  en-      Cl.iminal 
acted  and  confirmed  that  the  said  sheriffs  shall  bring  in   charges  to  be 
account   att   every  Grand    Assembly  of  such    charges   rendered  to 
and  disbursments  as  are   occasioned  in  their  severall  [J®  assem" 
countyes,    by   keeping  his  ma'ts.  prisons  and  the  said 
disbursments  to  be  satisfied  out  the  publique  charge. 


ACT  XLVII. 

Be  it  further  enacted  and  confirmed  by  the  authoritie  Secretary's 
of  this  present  Grand  Assembly  that  the  Secretarye  his  fees- 
ffees  shall  be  as  followeth  (vizt.) 

Imp's,  for  a  pattent                 -  -              50 

ffor  a  commission  of  administration  50 

ffor  a  ffreedom              -  -               50 

fl'or  a  probat              -  -                   50 

ffor  a  commission  to  trade  -             50 

fior  a  pass             -  -                 30 

ffor  a  common  warrant  -               15 

ffor  a  copie  order              -  -              15 

ffor  execution  30 

ffor  recording  per  sheet  06 

And  it  is  further  enacted  and  confirmed  by  the  au- 
thoritie aforesaid  that  it  shall  belawfull  for  Mr.  Secre- 
tary or  any  for  him  to  demand  and  take  twelve  pence 
for  everie  ion  re  pounds  of  tobacco  of  such  as  are  wil- 

2  K 


m 


LAWS  OF  VIRGINIA, 


ling  to  satisfie  fees  in  money,  Provided  that  no  inha- 
bitant may  have  cause  to  complain  of  the  stay  of  his 
buisness  for  want  of  money. 

Secretary's  Be  it  further  enacted   and  confirmed  by  the  authori- 

clprkofquar-    (ie  aforesaid  that  the  flees  hereafter  mentioned  shall  be 
fee&OUr*'  "S     belonging  to  the  Secretary's  clerke  of  the  quarter  court, 
as  followeth,  for  the  entry  of  everie    appearance  two 
pound  of  tobacco  to  be  paid  by  the  deft,  for  thecoppie 
of  everie  petition,  answer  and  reply,  or  any  other  writ- 
ing that  shall  pass  under  the  hand  of  either  pit.  or  deft, 
before  the   flileing  in  the  oflice,  which  shall   be  after 
judgment  past  in    court  (vizt.)  six  pounds  of  tobacco 
for  every  such  petition,  answer,  reply  or  other  writing 
as  aforesaid,  And  the  several!  sherrifl's  are  hereby  en- 
joyned    to    collect  the  fees  of  the  Secretary    and  the 
Clerke  of  the  Counsel!,  witli  power  to  distrain  in  case 
of  refusal   or  deniall  to  make  payment  together  with 
the  general!  leavies. 

Be  it  further  enacted  and  confirmed  by  the  authori- 
se aforesaid,  That  the  flees  of  the  clerke  of  the  seve- 
rail  county  courts  be  as  followeth  (vizt.) 


Clerks  ot 
county 
courcs,  their 

fees. 


Sheriffs, 

'heir  fees. 


flor  a  warrant 

ftbr  a  copy  of  an  order 

flor  an  execution 

for  certificate 

ftbr  a  deposition 


lb.  Tobacco, 

8 

8 

12 

8 
8 


Be  it  further  enacted  and  confirmed  by  the  authori- 
tie  of  this  Grand  Assembly  that  the  sheriffs'  fees  shall 
be  as  followeth : 


flor  an  arrest 

flor  bond  takeing 

Warning  to  court 

Going  into  prison 

Whipping 

Pillory 

Serving  a  subp'a. 


lb.  Tobacco. 
10 
10 
4 
10 
20 
20 
10 


flor  serving  an  execution  vnder  1001b.  tob.         10 
Jf  above  one  hundred  to  five  hundred  20 

If  above  five  hundred  to  one  thousand  40 


MARCH,  1642-3— 18th  CHARLES  1st.  26"? 

If  vnto  two  thousand  60 

If  above  two  thousand  then  10  lb.  vpon  every 

thousand  -  00 

fFor  impannelling  a  jury  for  everie  cause  12 

ffor  attachm't :  half  as  much  as  for  execution 

and  accordingly. 

Be  it  further  enacted  and  confirmed  by  the  authoritie      Burgesses 
of  this  present  Grand  Assembly  that  the  inhabitants  of  wages  to  be 
the  several  counties  and  precincts  shall  be  assessed  in   co^nti^™    ' 
the   defraying  of  the  Burgesses  charges  expended  in 
their  imployment  to   be  levied   by  the  sheriff  of  each 
county  respectively,  And  vpon  refusal  I  in  case  of  non- 
payment to  make  seizure  by  vertue  of  this  authoritie,      T|   . 
Allways    provided    that  the  Burgesses  produce  their  counts  to  be 
charge  to  the  countie  courts,  who  are  hereby  required   produced  to 
to  rayse  proportionably  vpon  the  estates   of  tithable  courts'*0'' 
persons,  And  be  it  further  enacted  and  confirmed  that 
if  any  assembly   be  sumoned  and  disolved  before  the      Proviso 
ffirst  of  March  the  charge  of  the  Burgesses  to  be  levied   nlu'r*'  an  as- 

.  s p tn u  1  v  is 

that  present  yeare,  Provided,  that  if  it  happen  in  or  af-  summoned 

ter  March  to  be  satisfied  the  following  yeare,  And  it  is  anddissoiv- 

further  enacted  and  confirmed  by  the  authoritie  afore- 

said,  that  if  any   Burgesses  shall  employ  their  owne 

servants  in  their  publique  service  as  by  attendance  vp-  Burgesses  to 

on  any  Burgesses,  The  inhabitants  of  the  several!  pre-  be  aHowi-d 
.  .•      i  it  i      r  j  for  their  ser 

cincts  respectively  are  to  allow  worke  lor  so  many  days  vailts 

as  they  are  soe  employed. 

A€T  XLVIH. 

WHEREAS  at  an  Assembly  in  June  1642  the  or-  Donation oi 
chard  with  two  houses  belonging   to  the  collony  were  «n  orchard  fc 
presented  to  the  Governour  Sr.  William   Berkly  as  a  {CXiS' 
free  and  voluntary  gift  in  consideration  of  many  wor-  iey  confirm- 
thy  favours  manifested  towards  the  collony,  Be  it  there-  ed 
fore   enacted  and  confirmed  by  the  authoritie  of  this 
Grand  Assembly  that  the  said  orchard  and  houses  [a] 
be  confirmed  to  the  said  Sr.  William  Berkley,  Gover- 
nour  and  to  his  heires  for  ever. 


ACT   XLIX. 

WHEREAS   it  was  appointed  oy   uu  act  of  As-  Money  debt* 
=embly  January  1641,   that    noe  debts  made  within  not  pleadable 

'  [a]  "  MowW  in  MS 


268 


laws  of  Virginia, 


or  recover* 
; 1 1 j I < »  except 
contracted 
for  horses, 
mares  ami 
sheep. 


the  collony  for  money  shall  he  pleadable  and  recovera- 
ble in  any  courts  within  the  same,  The  Governour, 
Counsell  and  Burgesses  of  this  present  Grand  Assem- 
bly do  hereby  confirm  the  said  act,  Provided  that  ac- 
cording to  an  act  of  Assembly  in  June  1G40,  for  the  en- 
couragement of  those  that  arc  owners  of  horses,  mares, 
and  sheepe,  that  all  money  debts  whatsoever  made  for 
any  horses,  mares,  or  sheepe  shall  be  pleadable  and  re- 
coverable in  any  courts  within  the  collony  any  thing  in 
the  former  ait  made  in  January  1641  or  their  said  acts 
to  the  contrary  notwithstanding. 


Barrels  lo 
sealed  VG 


Contents. 


ACT  L. 

be  WHEREAS  at  an  Assembly  in  January  1641,  It 
was  enacted  that  the  com'rs.  of  everie  monethly  court 
respectively  should  sealeall  barrells  brought  vnto  them, 
when  they  were  therevnto  required  with  this  mark  VG: 
which  barrells  are  to  containe  live  bushells  of  Winches- 
ter measure  that  is  to  say  fourty  gallons  and  all  barrells 
so  sealed  to  be  allowed  of  and  none  other-  alter  the 
-ffeastofSt.  John   Baptist,    next  after  the  publication 

Penalty.  hereof,   vuder    the   penaltie  of  a  forfeiture  of  fourty 

pounds  of  tobacco  for  everie  time  such  an  vnsealed 
barrel!  is  vsed    after  the  feast  aforesaid,  And  likewise 

Bushels.  for  bushells   vpon  the  penalty   aforesaid,  All  persons 

whatsoever  being  thereby  required  to  take  notice  of 
this  act  and  accordingly  to  provide.  This  present  Grand 
Assembly  to  all  intents  and  purposes  doth  hereby  confirm 
the  said  act. 


Popish  recu- 
sants disa- 
bled from 
holding  any 
offices. 


Or  persons 
refusing  to 
take  the 
oaths  of  alle- 
giance &■  su- 
premacy. 


ACT  LI. 

WHEREAS  it  was  enacted  at  an  Assembly  in  Ja- 
nuary 1641,  that  according  to  a  statute  made  in  the 
third  year  of  the  reigue  of  our  soverign  Lord  King 
James  of  blessed  memory,  and  that  no  popish  recusants 
should  at  any  time  hereafter  exercize  the  place  or  pla- 
ces of  secret  councilors,  register  or  comiss  :  surveyors 
or  sheriffe,  or  any  other  publique  place,  but  be  vtterly 
disabled  for  the  same,  And  further  it  was  enacted  that 
none  should  be  admitted  into  any  of  the  aforesaid  offi- 
ces or  places  before  he  or  they  had  taken  the  oath  of 
allegiance  and  supremacy,  And  if  any  peson  or  per- 
sons whatsoever  should  by  sinister  or  corrupt  meanes 


MARCH,  1642-3—  18th  CHARLES  1st.  269 

assume  to  himselfe  any  of  the  aforesaid  places  or  any 
other  publique  office  whatsoever  and  refuse  to  take  the 
aforesaid  oaths,  he  or  they  so  convicted  before  an  As- 
sembly should  be  dismissed  of  his  said  office,  And 
for  his  offence  therein  forfeit  one  thousand  pounds  of 
tobacco  to  be  disposed  of  att  the  next  Assembly  after 
conviction,  And  it  is  further  enacted  by  the  authoritie 
aforesaid  that  the  statute  in  force  against  the  popish  re- 
cusants be  duely  executed  in  this  goverment,  And  that 
it  -liould  not  be  lawful]  voder  the  penaltie  aforesaid  lor  Popish 
any  popish  preist  that  shall  hereafter  arrive  to  remaine  priests  arriv. 

bi  r.  •  i'       i  •       i  i"S  to  l>p  sent 

ove  live  days  alter  warning  given  tor  his  departure   oul  „,  lll(. 

by  the  Governour  or  comander  of  the  place  where  he  collonyinj5 

or  they  shall   bee,  if  wind  and  weather  hinder  not  his  tla-vs- 

departure,  And  that  the  said  act  should  be  in  force  ten 

da\s  alter  the  publication  thereof,  at  James  City,  this 

present   Grand  Assembly  to  all  intents  and  purposes 

doth  hereby  confirm  the  same. 


ACT  LII. 

WHEREAS  for  the  more  ease  of  travellers,  It  was  Ferries  and 

enacted  bv  the  Assembly  in  Jan.   1641,  that  all   ths  ,,ri,lf 's1to1be 

.      ,  J  .  ,  ,         ;       1     «,  ,    established 

countrey  respectively  provide  and  maintain  fferrys  and  an<!  kept  at 

bridges  and  the  leavy  for  payment  to  the  fferrymen  to  Plll>'ic  ex- 
be  made  by  the  comissioners  where  the  fferry  is  kept,  pense 
And  where  one  creeke  parts  two  counties,  there  each 
of  them  to  contribute  towards  the  maintenance  of  the 
said  fferries,  and  bridges  should  be  built  and  provided 
by  the  first  of  September  following,  Ami  that  all  pas- 
sengers whether  strangers  or  others  should  be  freed 
from  payment  otherwise  then  by  the  leavie,  And  that 
the  fferrymen  should  give  their  due  attendance  from 
sunne  rising  to  sunne  setting,  This  present  Grand  As- 
sembly to  all  intents  and  purposes  doth  hereby  conjirme 
the  same. 


ACT  LIU. 

WHEREAS  at  an  Assembly  in  June  1642,  vpon  Dealing  with 
consideration    had    of   the   bad   effects  that   tradeing  minors  pro- 
and  trucking  with  orphants  may  in  time  produce,   It  ,;'0;U,,,  ""- 
was  thought  fill  in  due  time  so  to  provide  that  for  the  0f  double  the 
future  no  sucli  bartering  or  tradeing  be  at  all  had  with  amount, 
any  orphans.   And  therefore  did  enact  that  what  per- 


270 


LAWS  OF  VIRGINIA, 


son  or  persons  soever  shall  barter,  bargain,  buy  or  sell 
with  any  orphants  vnder  age  shall  loose  all  that  he  so 
bartereth  or  changeth  and  shall  alsoe  forfeit  double  the 
quautitie  thereof,  the  one  moyetie  to  the  informer,  the 
other  to  his  ma'tie,  This  present  Grand  Assembly  to 
all  intents  and  purposes  doth  hereby  ratify  e  and  confirm?, 
the  same. 


"Punishment 
for  resisting 
the  execution 
o(  laws. 


ACT  L1V. 

WHEREAS  it  was  enacted  att  an  Assembly  in  June 
1642  that  if  any  officer  or  other  member  of  this  collony 
whatsoever  had  been  or  should  be  molested  or  troubled 
in  their  persons  or  estates  for  the  due  performance  and 
execution  of  any  act  or  law  made,  here  in  the  collony, 
he  or  they  by  whom  any  person  should  be  troubled 
should  be  liable  to  saiisfie  all  such  charges  and  dama- 
ges as  should  be  justly  proved  to  be  occasioned  by  any 
such  molestation,  in  the  severail  courts  of  this  collony 
respectively,  This  present  Grand  Assembly  dolh  here- 
by ratifie  and  confirme  the  same. 


Quarter 
courts,  terms 
of 


March  term. 


Returns. 


ACT  LV. 

WHEREAS  it  was  enacted  at  an  Assembly  in  June 
1642  for  want  of  due  formes  not  before  sett  downe,  for 
issueing  of  writs  and  returnes  thereof  for  the  proceed- 
ing of  the  quarter  courts  of  this  collony,  in  case  of  de- 
falts  of  sherrifi's  and  nonappearances  of  pits,  and  defts. 
which  occasioned  much  trouble  to  the  Government  and 
great  charge  of  inhabitants  of  the  collony,  That  the 
quarter  court  shall  begin  as  foil  : 

March  court  t,o  begin  the  first  day  of  the  month  of 
March,  if  it  be  not  Sunday  if  it  be  then  on  the  next  day. 
to  continue  eighteen  days,  Sunday  not  to  be  account- 
ed as  any  of  the  cort  days. 

The  said  court  to  have  three  returnes,  the  first  re- 
turne  to  be  made  three  days  before  the  first  day  of  the 
sitting  of  the  court. 

The  second  retume  on  the  sixth  of  the  court. 

The  third  on  the  12th  of  the  court:  for  every  re- 
turne  150  writs  that  is  for  everie  day  of  the  court  25 
warrants. 


MARCH,  1642-3— 18th  CHARLES  1st.  271 

June  court  to  beginn  vpon  the   first  day  of  June  in  June  term, 
case  it  be  not  Sonday,  then  on  the  next  day:  to  con- 
tinue 10  dayes  to  have  two  returnes : 

The  first  returne  to  be  made  three  days  before  the  Returns 
tirst  day  of  the  court,  The  second  on  the  6th  of  the 
court  to  have  ascertained  200  writts,  one  hundred  for 
every  returne  that  is  20  for  every  day. 

•  The  like   days   for  beginning  and  ending,  the  like  Oct.  term 
returnes    and    numbers  of  writs   for  October  court  as  Returns 
for  June  court 

The  4th  court   to  begin  on  the  20th  of  November  if  Nov.  term 
not  Sunday,  if  it  be  then  on  the  next  day  following  to 
continue    and    have    the  like   returnes  and  number  of  Returns 
writs  and  days  as  March  court  hath. 

The  writs  to  comand  appearance  vpon  the  first,  se-  Writs 
cond  or  third  of  the  first,   second  or  third  returne  ac- 
cording to  the  date  thereof. 

The  causes  of  suits  to  be  exprest  in  the  writs  which  Causes  ot 
may  be  inlarged  by  petition,  between  every  arrest  and  ^^"r^sed 
return  of  the  writt.  i„. 

The  deft,  to  have  10  days  time  to  provide  himselfo      Arrests, 

No  arrest  to  be  made  in  court  time.    The  writs  to  go  wh,M  and 

in  the  same  tenor  as  formerly,  The  deft,  vpon  the  re-  wlere" 

turne  of  the  writ,  either  by  himselfe  or  his  attorney,  to 

enter  his  appearance  in  a  booke  tobekeptby  theclerke  made  in 

for  that  purpose,  And    also   putt  in  his  answer  vnder  court  time. 

his  hand  the  third  day  of  the  returnes  of  the  writ,   the 

petitions    and  answers  to   be  filled  and  remain  in  the   APPcarance 
,       &•  and  defence- 

secretary  s  office. 

The  pit.  to  put  in  his  petition  vpon  the  day  of  appear-  When  to  de 

auce  and  in  case  of  such  neglect  to  be  non  suited,  And  clare 
the   defendt's.  cost  to   be  awarded  against  him,  If  the 
deft,  appears   not  after  arrest,  then  the  sheriff  to  be 

amerced  in  tobacco  at  the  discretion  of  the  court  to  the  Sheriff  amev- 

vse  of  the  county,  And  the  sherrifls  to  have  their  re-  «d if  deft. 
medies  against  the  parties  bound  for  appearance. [a] 

[a]  This  clause  repealed  by  a  subsequent  one  in  this  act  ;  and  the 
defendant  fined  20  per  cent 


pear: 


272 


LAWS  OF  VIRGINIA, 


an  I  for  de- 
fault of  re- 
turns. 

Teste  of  pro- 
cess h  exe- 
cution. 


Appeal  from 
monthly  to 
quarter 
courts. 
Security. 
Doable  da- 
mages. 

Appeal  from 
quarter 
courts  to  as- 
sembly. 

Treble  da- 
mages. 

Former  act 
amercing 
sheriff  lor 
non-appear- 
ance of  deft, 
repealed. 

Nil  dicit. 


The  sherriffs  for  defaults  of  non  returnes  to  be 
amerced  foreverie  returne  an  hundred  pound  of  tobac- 
co, Process  and*  executions  issueing  from  the  quarter 
courts  to  be  signed  by  the  Governour  and  attested  by 
the  Secretary,  to  go  in  the  same  forme,  and  no  execu- 
tion to  be  directed  to  more  then  one  sherifte. 

Appeals  to  be  from  the  monethly  courts  to  the  quar- 
ter courts,  The  appealant  to  pntt  in  present  security 
for  his  appearance  vpon  the  day  of  the  quarter  court 
for  his  abideingjudgment  of  the  court,  and  for  the  pay- 
ment of  double  damages  in  case  he  be  cast  in  the  suit. 

Appeales  to  lie  from  the  quarter  courts  to  the  As- 
semblies with  the  former  cautious  and  trebbledamagess 
in  case  he  be  cast  in  the  suit ;  which  said  act  and  evene 
clause  therein  is  confirmed  by  this  Grand  Assembly, 
excepting  the  branch  therein  mentioned  which  imposeth 
a  Jine  vpon  sherriffs  for  nun  appearance  of  the  dc- 
fendUs,  And  in  stead  and  place  thereof  be  it  enacted 
that  in  case  the  defts.  appeareth  not  after  arrests  either 
by  himselfe  or  attorney,  for  the  first  default  such  per- 
son shall  be  adjudged  by  the  court  wherein  the  suit  is 
depending  to  pay  vnto  the  pit.  201b.  of  tobacco  for  eve- 
ry hundred  debt,  for  which  he  is  then  impleaded,  And 
for  the  second  default  of  such  defts,  The  court  as  afore- 
said to  give  judgment  as  in  case  of  nihil  dicet. 


Jurisdiction 
of  monthly 
courts. 


Court  days. 


ACT  LVL 

WHEREAS  it  was  enacted  at  an  Assembly  in  June 
1642  that  the  comissioners  of  the  severall  counties 
respectively  should  have  power  anil  authoritie  to 
hear  and  determine  all  debts  and  difTerences  vnder  the 
sumtne  of  sixteen  hundred  pounds  of  tobacco  or  the 
valew  thereof,  Where  also.  It  was  enacted  at  the  said 
Assembly  thateverie  monthly  court  respectively  should 
keep  their  courts  monthly  vpon  the  severall  days 
therein  mentioned  (vizt.) 

Henrico  on  the  first  of  everie  month. 
Charles  Citty  the  3d 


*  "  Passes  an"  in  the  MS 


uARCH,   1642-3— i8th  CHARLES  1st  273 

Ja:  County  the  Gtli 

Isle  of  Wight  the  9th 

Vpptr  Nurff.  the  12th 

Lower  Norff  the  J  5th 

Eliz'a.  Countie  the  IStli 

W'arui;  k  Counlie  the  2lst 

York  (  !ounty  the  2-!th 

Norths' tun  the  28th  ofevcrie  montii. 

Be  it  enacted  this  present  Grand  Assembly  that  the      Number  of 
said  monthly   courts  be  reduced  to  the  number  of  six   courts  reduo 
yearly,  the   daies  to  be  ascertained  as  formerly,  And    r^anfff"" 
in  stead  of  monthly  courts  to  cail  coiinfie  courts,  and   sfead  of 
the  comissioners  to  be  stiled  comissiouers  of  the  c  nun  tie   "irt;l'%  »°  b« 

„„  i      <     ,•  i  ...  ,  ,  .       called  counlv 

courts.  And  lor  the  prevention  of  many  chargeable  courts, 
suits  tending  to  the  molestation  and  mine  of  divers 
poor  men  for  pet  tie  and  trivial]  debts,  It  is  thought  fitt 
and  enacted  by  this  Grand  Assembly,  that  no  court  of 
justice  within  the  collony  shall  proceed  to  determine  or 
adjudge  or  at  all  take  cognisance  of  any  suite  hereafter 
to  be  comence.i  for  or  concerning  any  d%bt  voder  tha  Sums  under 
value  of  20s.  sterling  or  two  hundred  pounds  of  tobac-  2v,s  filing 

__      ■      .   •  i  °      ,  , .  .  .  ,         cognizable 

coe,  but  in  such  case,  the  next  adjoymngcomiss.  to  the   before  a  sjn. 
creditor  to  suinon  the  debtor  or  deft,  by  warrant  before  ciemagis- 
himvpon  complaint  to  him  made  and  to  determine  the  hatc»whP  . 

u  i        ■  •   •  ii-i  i         i  •    t  i         m;,v  CJ,i"nit 

same  by  oruer  in  writing  vnder  his  hand   which  order  to  prison  for 

shall  be  binding,  And  incase  of  non-performance,  The  non-perform- 

saidcomiss's.  is  authorised  to  comitt  to  prison  the  per-  dnce" 
"on  who  shall  be  refractory  to  such  order  as  aforesaid. 


ACT  LVH. 

WHEREAS  it   was   enacted    at   an    Assembly  in   Trial  by  jury 
June  1642,  That  if  either  pit.  or  deft,  shall  desire  the   I*0*"6*1* 

,.  -  '    .  ,.  ,  r  .    .  ..  .         .         parties  who 

verdict  of  a  jury  for  the  determining  of  any  suite  de-  desire  it. 
pending  within  any  of  the  courts  of'  this  collony,  he 
or  they  shall  signifie  therein  their  desire  by  petition 
vnder  his  or  their  hands  vnto  the  sail  courts,  before 
the  said  cause  had  any  hearing,  vpon  the  day  of  try- 
all,  if  it  be  the  de-ire  of  the  pit.  And  their  petitions  to 
be  ffyled  in  the  Secretary's  office,  and  with  the  clarlse 
of  the  monthly  court,  And  if  the  defend't.  'hall  desire 
it,  he  or  they  shall  signifie  the  samp  vpoji  the  en;  ,  of 
his  appearance  kj  the  Secretary's  office,  which  shall b/e 

2  L  " 


274  LAWS  OF  VIRGINIA, 

inserted  in  a  booke  lobe  kept  in  the  office  for  that  pur- 
pose, which  said  act  this  present  Grand  Assembly  to  all 
Proviso.  intents  and  purposes  ratified  and  confirmed,  Provided 

that  the  cause  depending  be  proper  for  a  jurie. 


Upon  what 
evidence  and 
surveys  pa- 
tents to  issue 
for  importa- 
tion rights. 


Exception  as 
to  Rappahan- 
nock liver. 


The  settle- 
ment of  Rnp- 
pahannock 
river  post- 
poned. 


ACT  LVIII. 

WHEREAS  it  was  enacted  at  an  Assembly  in  June 
1642,  that  if  any  person  or  persons  whatsoever  claim- 
ing land  as  due  by  importation  of  servants  they  or 
each  of  them  shall  prove  their  title  and  just  right  ei- 
ther before  the  Governor  and  Counsell  or  produce 
certificate  from  the  countie  courts  to  the  Secretary's 
office  before  any  grant  be  admitted,  And  that  no  pat- 
tents  be  made  without  exact  survey  produced  in  the 
Secretary's  office  as  aforesaid,  Rappahannock  River 
excepted,  which  is  confirmed  by  this  prestnt  Grand  As- 
sembly. 


ACT  LIX. 

WHEREAS  it  was  enacted  at  a  Grand  Assembly 
in  June  1642,  That  Rappa'k  river  should  remain  vn- 
seated  for  divers  reasons  therein  contained,  notwith- 
standing it  should  and  might  be  lawfull  for  all  persons 
to  assume  grants  for  lands  there,  Provided  the  same 
be  first  bounded,  though  not  by  a  surveyor  and  to 
continue  still  their  proper  rights,  till  the  seating  there- 
of be  admitted  by  a  Generall  Grand  Assembly,  h 
then  all  dividetits  to  be  bounded  by  just  surveyors, 
which  said  act  this  present  Grand  Assembly  to  all  in- 
tents and  purposes  ratificth  and  confirmeth. 


Penalty  for 
dealing  with 
other  mens' 
servants  or 
apprentices. 


ACT  LX. 

WHEREAS  at  an  Assembly  in  October  1639  in 
consideration  that  divers  ill  disposed  persons  did  se- 
cretly and  covertly  trade  and  truck  with  other  mens' 
servants  and  apprentices  which  tended  to  the  great  in- 
jury of  masters  of  familys,  their  servants  being  thereby 
induced  and  invited  to  purloin  and  imbeazill  the  goods 
of  their  said  masters,  It  was  enacted  for  redresse  of  the 
like  disorders  and  abuses  thereafter,  that  what  person 
or   persons  soever  should   buy,  sell,  trade   or  truck 


MARCH,  1642-3—  18th  CHARLES  lsi.  2,16 

with  any  servant  for  any  comoditie  whatsoever,  with- 
out lycense  or  consent  of  the  master  of  any  such  ser- 
vant, he  or   they  so  offending  against   the  premises 
should  suffer  one  month's  imprisonment  without  bayle 
or  mainprize  as  also  should  forfeit  and  restore  to  the 
master  of  the  said  servant  four  times  the  valew  of  the  pour  ilin€S 
thing  soe  hought,  sold  or  trucked  or  traded  for,  which  thevalueof 
said  act  to  all  intents  and  purposes  this  present  Grand  ,,;'%  r,-"!C,°' 
Assembly  doth  hereby  ratifie  and  confirme. 

ACT  LXI. 

BE  it  also  enacted,  for  the  better  regulating  of  at-   Attowires, 
lorneys  and  the  great  fees  exacted  by  them,   that  it  «"pg»ia«'°a* 
shall  not  be  lawfull  for  any  attorney  to  plead  causes  on  c,,,,c';rn,n°- 
behalfe  of  another  without  license  or  permission  first 
had  and  obtained  from  the  court  where  he  pleadeth,  e(]ow  ,cens" 
Neither  shall  it  be  lawfull  for  any  attorney  to  have  license  Restricted  to 
from  more  courts  then  from  the  quarter  court  and  one  ctMtam 
county  court,  and  thai  they  likewise  be  sworne  in  the  x0  be  sworn, 
said  courts  where  they  are  so  licensed,  And  it  is  fur- 
ther enacted  that  no  attorneys  plead  in  any  count}'  court  „     . 
shall  demand  or  receive  either  for  drawitig  petition,  de-  C0Uniy 
claration  or  answer  and  for  his  ffee  of  pleading  the  courts. 
cause  of  his  client  above  the  quantitie  of  20  lb.  of  to- 
baccoe  or  the  value  thereof,  nor  that  at  any  pleading  in 
the  quarter  court  shall  demand  and  receive  either  for    "Jf^*] 
drawing  petition,  declaration  or  answer  and  for  his  ffee 
of  pleading  the  cause  of  his  cliant  above  the  quantity 

or  50  lb.  of  tobaccoe  or  the  value  thereof,  And  if  any  Penalty  for 

i     11  «i  •  ,1.    taking  greater 

attorney  shall  transgresse  against  the  premises,  or  shall   rees. 

take  above  the  severall  sums  aforesaid  either  by  gift  or 
love  directly  or  indirectly,  such  attorney  for  such  of- 
fence in  a  countye  court  shall  forfeit  500  lb.  tobaccoe, 
And  for  such  offence  in  quarter  court  shall  forfeit  2000 
lb.  of  tobaccoe,  one  moyety  whereof  shall  be  and  come 
to  the  King,  and  the  other  moyetie  or  halfe  to  the  in- 
former, whether  it  be  client  or  adverse  parly,  or  any 
other  person  whatsoever,  and  may  recover  the  same  by 
action  of  debt  iu  the  severall  courts  respectively,  And       ~ 

•      •     /•       i         .i           i       f         ,                                        l-i  Cannot  re- 
It  is  further  thought  ntt  that  no  attorney  licensed  as  fuse  to  be  re- 
aforesaid  shall  refuse  to  be  entertayned  in  any  cause  'ained  unless 
as  aforesaid,  provided  he  be  not  entertayned  by  the  ad-  ^eothcr0" 
verse  party,  vppon  forfeiture  of  250  lb.  of  tobacco  in  a  side, 
countle  court,  and  1000  lb,  of  tobaccoe  in  the  quarter 


276  LAWS  OF  VIRGINIA, 

Not  toes-  court  one  inoyety  whereof  shall   come  to  the  King's 

!^™fdtos^e-    .  nvajesty  ai)(l  l',r  other  halfe  to  the  informer  aforesaid, 

orthosewho  Provided  this  act  nor  a  tfy  penal  tie  therein  expressed 

h*te  letters  extend  to  such  who  shall  he   mode  speciall  attorneys 

•(procuration  %y]{[n[]  ^  col|o|,v  (),.  to  SU(.|,  „  h()  shaU  haye  ietters  0f 

from  tii-  .                    • 

glaua.  procuration  out  ot  JMjgland. 


ACT  LXIi. 

Agreement  WHEREAS  according  to  arti^j  nf  agreement  con- 

wiiii  tins"-  eluded   with  the  Governor  of  Maryland  bearing  date 

E'viami  as  the  3d  day  of  June  1642,    It  was  then  at  the  said  As- 

totheregu-  sembly  enacted  that  it  should  be  free  and  lavvfull  for 

lation  oi  Com-    t|ie  saHj  inhabitants  to  trade  and  barter  within  the  Col- 
mercc  rati-  ,  .•         ..  ,.  ...  ,       .  i  .       . 

fied  lony  for  ail  manner  oi  commodities  raised  within  the 

eollony  otherwise  then  with  lobaccoe,  excepting  in  the 
said  act  all  goods,  servants  imported,  excepting  alsoe 
in  the  said  act  according  to  the  former  act  of  the  14th 
Jan  :  1641,  exporting  of  horses,  mares,  sheepe,  Where- 
as also   it  was  enacted  at   the  said  Assembly  in  June 
1641  that  everie  article  inserted  in  the  aforesaid  agree- 
ment should  be  published  in  all  parishes,  This  present 
Grand  Assembly  doth  enact  and  confirme.  every  clause 
and  branch  in  tlie  aforesaid  act,  to  be  and  remaine  in 
Penalty  for       full  force  and  vertue,  And  doe  further  enact,  that  what 
breach  ogre-     person  or  persons  soever  shall  bring  or  cause  to  be 
„ua  10  s.  brought  any  tobacco  of  the  growth  of  Maryland  vnto 

this  eollony  and  therewith  trade,  buy  or  barter  for  any 
goods  or  servants  imported,  or  for  any  comoditie  what- 
soever raised  within  the  eollony,  he  or  they  so  oflending 
shall  forfeit  the  goods  and  servants  or  commodities 
aforesaid  or  the  value  thereof,  halfe  thereof  shall  be  & 
come  to  the  King's  majesty,  And  the  other  halfe  to  the 
inform,  r,  And  whosoever  shall  directly  or  indirectly 
buy  or  cause  to  be  bought  for  or  on  the  behalfe  of  the 
said  inhabitants  of  Maryland  any  goods  of  what  na- 
ture, kind  or  condition  soever,  which  shall  be  imported 
or  are  formerly  excepted,  for  any  comoditie  whatsoever 
shall  forfeit  treble  the  value  of  the  gootls  so  bought 
vpou  due  pr.oofe  and  conviction  therein,  One  halfe 
wliereof  shall  be  and  come  to  the  King's  ma?tie,  and 
the  other  halfe  to  the  informer,  which  act  and  thepenal- 
tie  therein  is  to  extend  as  well  to  the  selier  as  the  buyer. 


MARCH  1642-3— 18th  CHARLES  1st.  21T 

ACT    LXIII. 

VPON  consideration  had  by  this  Grand   Assembly   a  barrel  of 
of  the  scarsity  of  powder  and  aminition  in  the  planta-  powder  ailott- 
tion  and  the  difficullie  in   procureing  the   same,  It  is  JjJJj^ 
thought fitt  and  ■  nacted  that  the  Governour,  at  his  dis- 
cretion, do  allott  a  barrel  of  powder  to  each  countie, 
to  be  kept  and  preserved  in  the  hands  of  the  comman- 
der and  a  publique   stock,  for  which  the  comander  of 
each  county  is  to  be  responsible. 


ACT    LXIV. 

FFOR  the  preservation  of  the  puritie  of  doctrine  h  MinisMHto 

vnitie  of  the  church,  It  is  enacted  that  all  ministers  conform  tot 

whatsoever  which  shall  reside  in  the  collojiy  are  to  be  J3rta2of 

conformable   to   the   orders  and   constitutions  of  the  the  church  of 

church  of  England,  and  the  laws  therein  established,  England, 

and  not  otherwise  to  be  admitted  to  teach  or  preach  Non  conrorm. 

publickly  or  privatly,  And  tliat  the  Gov.  and  Counsel  ibt>  tobe 
do   take  enre  that  all   nonconformists  vpon  notice  of  compelled  to 

them  shall  be  compelled  to  depart  the  collony  with  all  cXnv. 
convenience. 


ACT  LXV. 

,  .     ~  .     _  Burgesses  of 

IT  is  enacted  and  consented  to  by  this  brand  Jisstm-  upper  Nor- 

bly,  that  the  county  of  Vpper  JNoril'.  shall  have  power  folk  to  be 

and    priviledge   to    chuse  Burgesses   for   the  severall  j^^e'l^iits 

parishes  within  tlie  limitts  of  the  said  parishes,  ofeachp.t- 

ris!:. 


ACT    LXVI. 

WHEREAS  it  was  enacted  at  an  Assembly  in  Jan:   Lane's  creek 
1639,   that   the   inhabitants  of  Lanes  Creeke  should   Pa,ish-  act 

ii-  -i  ii  •  i  •    i  i  concerning 

reduced  nuo  a  parish,  and  the  said  parish  to  begiun  repealed 
from  the  mouth  of  Hogg  Island  creeke  along  the 
river  to  Lanes  Creeke,  And  from  Lanes  Creeke  to 
the  head  of  the  vppermost  branches  of  the  said  creeke, 
and  from  the  head  of  the  branches  of  Lanes  Creeke  to 
the  head  of  the  branches  of  Chippoaks  Creeke  westerly, 
and  thence  to  the  mouth  of  Chippoaks  Creeke,  and  from 
thence  to  Hogg  Island  Creeke,  and  that  it  should  be 


276 


LAWS  OF  VIRGINIA, 


Distinct  pa- 
rish formed. 


Boundaries 
of. 


lawfull  and  free  for  the  inhabitants  of  Hogg  Island  in 
respect  of  the  remoteness  of  church  of  Ja  :  Cittie,  to 
which  parish  they  belong,  to  provide  themselves  of  a 
minister  at  their  owne  charge  without  any  allowance  to 
the  said  minister  from  the  parson  of  Ja:  Citty,  wherein 
also  it  was  provided  that  they  should  pay  as  full  and 
ample  contribution  to  the  building  of  a  church  at  Ja: 
Citty  as  the  rest  of  the  parish  of  Ja :  Citty  should  be 
rated,  It  is  thought  litt  by  this  Assembly  that  the  said 
act  be  wholly  repealed,  And  in  stead  and  place  thereof 
be  it  enacted  in  consideration  of  the  disabilitie  of  the 
said  inhabitants  to  maintain  a  minister  of  their  owne, 
and  to  contribute  to  the  minister  of  Ja  :  Citty,  whence 
they  receive  no  spiritual  benefit,  that  the  said  Chippoaks 
be  reduced  into  an  absolute  parish  without  any  relation 
to  the  parish  of  James  Citty,  the  bounds  of  the  said 
parish  to  be  southeast  vpon  the  parish  of  Lanes  Creek, 
Aud  northwest  vpon  the  Suncken  Marish  and  northeast 
vpon  James  River. 


Wa'lingford 
parish,  boun- 
daries of. 


ACT  LXV1I. 

WHEREAS  alsoe  it  was  enacted  at  an  Assembly  in 
June  1642,  That  the  inhabitants  of  Mrs.  Edlow's  di- 
vident  lying  above  Sandy  Poynt  should  be  taken  and 
admitted  vnto  the  parish  of  Wallingford :  It  is  now 
further  enacted,  That  David  Jones'  Creeke  be  the  vt- 
most  bounds  of  the  said  parish,  including  the  whole 
divident  of  Mr.  Rice  Hoe. 


Lower  side 
of  Water's 
creek,  dis- 
tinct parish. 


ACT  LXVII1. 

BE  it  also  enacted  and  confirmed  that  the  inhabitants 
of  the  lower  side  of  Waters  Creek  downewards  to  the 
vttermost  extent  of  Warwich  Countie  shall  be  a  distinct 
parish  of  themselves  and  injoy  all  the  priviledges  of  a 
parish  without  any  dependence  or  relation  to  the  parish 
of  Denbigh  or  any  other  parish  whatsoever. 


ACT  LXIX. 

county  divid-         WHEREAS   it  was   ordered  at  a  Grand  Assem- 
cd  into  pa-       biy  m  june  1642,  That  the  comissioners  of  the  Isle 

rishes. 


MARCH,  1642-3— 18th  CHARLES  1st. 

of  Weight  should  provide  and  allow  surveyors  to  lay 
out  the  county  according  to  the  former  grants  and 
bounds,  not  infringing  the  liberties  of  any  other  countie, 
and  alsoe  that  the  said  comissioners  should  make  a  di- 
vision of  the  said  countie  into  two  parishes  and  pro- 
duce the  severall  bounds  thereof  the  next  Grand  As- 
sembly to  be  confirmed  by  an  act,  Provided  that  the 
profitts  of  the  whole  countie  shall  remaine  vnto  Mr. 
Falkner,  Clerke,  duringe  his  residence  there,  Notwith- 
standing any  other  minister  that  should  be  imployed 
in  any  of  the  said  parishes  in  the  intrim,  In  conformity 
to  which  said  act,  the  comissioners  of  the  said  county 
have  returned  to  this  assembly  the  division  of  the  said 
county  into  two  parishes  (vizt.)  The  vpper  and  lower 
parish.  The  vpper  parish  to  extend  from  Lawens 
Creeke  to  the  eastern  side  of  the  Bay,  the  creeke  devide- 
ing  the  plantation  of  Sam.  Davis  and  Joseph  Cobbs  to 
be  the  extent  and  division  of  the  said  vpper  parish  i 
The  lower  parish  to  extend  from  the  Pagan-poynt  vpon 
the  river  side  to  the  plantation  of  Rich.  Hayes,  from  the 
Pagan-poynt  vppon  the  bay  including  all  the  southerly 
side  to  the  plantation  of  the  said  Cobbs,  and  that  all 
the  inhabitants  alreadie  resideinge  or  that  hereafter  shall 
reside  on  that  side  to  belong  to  the  said  lower  parish  : 
Provided  allwaies  that  they  shall  not  pay  above  double 
tithes  in  the  whole,  which  is  accordingly  enacted  by 
this  present  Grand  Assembty. 


279 


ACT  LXX. 

IT  is  enacted  by  the  authoritie  aforesaid  that  there  Revenue  law 
be  leavied,  this  present  crop,  nine  pounds  of  tobacco  of  1643-4. 
per  poll,  for  every  tithable  person  throughout  the  col- 
lony,  by  the  sheriffs  as  formerly,  to  be  disposed  of  in 
such  manner  and  to  such  vses  according  to  the  order 
of  this  present  Grand  Assembly. 


ACT  LXXI. 

IT  is  enacted  by  this  present  Grand  Assembly  that  Members 

those   of  his  ma'ts.  counsell  for  the  collony  shall  ac-  of  council  ex. 

cording   to   his  said  maj'ts.  instructions  be  freely  ex-  Siifn  ex™ 

empted    from   all    publick  charges  and  taxes,  church  cept  church 

duties  onely  excepted.  duties. 


280 


LAWS  OF  VIRGINIA, 


Quit  rents, 
when  to 
eommence. 


ACT  LXXII. 

WHEREAS  it  was  enarted  at  an  Assembly  in  Jan. 
1640,  in  explanation  of  the  time  when  quit  rents  vpon 
grants  of  land  are  due,  That  all  those  grants  that 
were  of  seaven  years  continuance  or  above  were  to  be- 
ginn  their  payments  (vizt.)  Their  hist  vear's  payment 
at  the  ffeast  of  St.  Michael  the  archangel  1639:  and 
soe  forwards  and  that  all  other  grant*  should  have  the 
benefit  to  he  free  from  quit  rents  vntil  seaven  years 
after  their  first  grant,  whidh  is  enacted  and  confirmed 
by  this  present  Grand  Assembly. 


Recital  of 
the  troubles 
hi  England, 
as  the  cause 
of  the  gov's, 
pension  from 
the  King  be- 
ing suspend- 
ed. 


The  assem- 
bly deter- 
mine to  grant 
bim  accom- 
modation ; 
but  declare 
that  the  act 
is  not  to  be 
drawn  into 
orecedent. 


ACT  LXXIII. 

WHEREAS  through  the  vnkind  differences  now  in 
England,*  It  may  be  with  great  reason  be  assured  to 
the   most   scrupulous  that  the  several)  pension  and  al- 
lowance  from    his    ma'tie    to    the    Goveruour  of  this 
place,  is  for  this  present  withdrawn  and  suspended,  & 
that  therefore   for  the  stfstentation  and  support  of  the 
honour  of  this  place  of  gov'r.  in  accomodation  from  the 
plantation  incleare  and  absolute  tennes  of  necessitie  is 
required  and  inforced,  Yet  nevertheles  this     present 
Grand  Assembly  together  and  eye  to  the  honour  of  the 
place,  haveingalsoeentred  into  a  deep  sense  and  consi- 
deration of  the  duty  and  trust  which  the  publique  votes 
and  suffrages  have  cast  vpon  them,  vnder  whirh  is  com- 
prehended a*  the  most  spe«iall  and  binding  obligation, 
the  preservation  of  the  rights  and  properties  of  the  peo- 
ple, to   which  this  course    how  intended  may  seem  to 
threaten  violence  however  rather  innovated  in  the  rr.an- 
er  and  circumstance  then  in  value  and  substance,   Yet 
as  well  for  the  silenceing  of  pretences  as  for  answear- 
ing  of  arguments  of  weight,  It  is  thought  jitt  hereby  to 
declare  that   as  from  the  infancy  of  the  collony  there 
was  never  the  like  concurrence  and  pressure  of  afiairs, 
which  they  likewise  hope  and  pray  to  Almighty  God  to 
from  his  ma'tie.  and  his  ma'tie's  King- 


"I'Thia-has  an  allusion  to  the  civil  war  in  England,  between  Charles 
the  Ctxft  and  his  par'iatrient ;  which  commenced  in  1642,  aiid  nhotri 
this  ifmc  was  ragiiig'at  its  full  height.  It  terminated  hi  164&;  with  I  be 
death  of  Charles  and  Hie  aboKtion  of  monarchy  i  whereupon  Crom- 
well was  declared  Protector: 


MARCH,  164-2-3— ISth  CHARLES  1st.  231 

Jom,  soe  they  have  recorded  to  the  posteritie  with  this 
ensueing  president  of  accomodation  for  the  Governour, 
That  the  aforesaid  instance  and  motives  removed  they 
will  never  yeild  or  consent  to  receive  the  same.   This 
present  Grand  Assembly  hath  heretofore  enacted  that 
the  present  accomodation  shall  be  as  followeth  (vizt.)  Levy  for  tlie 
That  there  be  leavied  for  the  said  Governour's  accomo-  governor's 
dation  for  this  present  year  1643,  2  shillings  a  head  for  a.c<°>n«noda- 
every  tithable  person  in  the  collony  to  be  paid  in  provi- 
sion as  hereafter  mentioned  at  these  rates  (vizt.) 

Indian  corne  at  10s.  per  barrell — 2  barr.  of  ears  to 

one  of  corne.  Of  what  to 

Wheat  at  4s.  per  bushell.  ™™** and 

Malt  at  4s.  per  bushell.  counties  pay- 

Beife  at  3d.  l-2d.  per  pound.  able. 

Porke  at  4d.  per  pound. 
Good  henns  at  l2d. 
Capons  at  Is.  6d. 
Calves  at  6  weeks  old  25s. 
Butter  at  8d.  per  pound. 
Good  weather  goats  at  20s. 

Piggs  to  roast  at  3  weekes  old  at  3s.  per  pigg — 
Cheese  at  6d.  per  lb. — Geese,  Turkeys  and  Kidds  at 
5s.  per  peece. 

The  provision  of  corne  to  be  leavied  out  of  these 
counties : 

Henrico,  North'ton,  Eliza.  Cittie,  Lower  Norff. 
Vpper  Norff.  Yorke  including  Peanketank. 

These  counties  to  pay  the  other  provision : 
Charles  Cittie,  Ja  :  Cittie,  Isle  of  Wight,  and  War- 
wicke. 

Ffor  collecting  hereof  it  is  hereby  enacted  by  this  How  collect- 
Grand  Assembly  that  vpon  the  Governour's  notice  of*1- 
the  severall  countie  courts  :  allowing  the  reasonable 
time  that  the  leavie  the  said  severall  proportions,  alike 
proportionably  as  aforesaid  in  2  places  in  evrie  parish 
within  the  severall  counties  respectively :  And  the  slier- 
riffeof  the  severall  counties  with  the  assistance  of  the 
constables  of  the  limitts  are  to  give  notice  to  the  inha- 
bitants, after  the  said  provision  is  to  be  leavied,  to  bring 
in  their  severall  proportions  to  the  said  severall  places 
by  them  appointed  as  aforesaid,  And  in  case  of  refusall 

2  M 


282 


LAWS  OF  VIRGINIA, 


to  distrain  vppon  the  estates  of  such  who  shall  be  de- 
linquent in  payment,  and  bringing  it  to  the  aforesaid 
places  for  satisfaction  thereof,  And  the  said  sherriffs 
after  such  collection  are  hereby  enabled  to  hire  boats, 
and  men,  to  bring  the  same  to  James  Cittie  to  the 
Governour's.  And  their  several  disbursments  and 
charges  therein  expended  to  be  putt  to  account  and 
presented  to  the  next  Grand  Assembly  to  be  satisfied 
out  of  the  leavie. 

WILLIAM  BERKELEY. 


ATT    A 


^SffiHDB&Tr 


HOLDEN    AT    JaMES  ClTTIE    THE   FIRST  OF  OcTOBEF- 

1644. 


tTTThcMS. 
from  which 
the  acts  of 
this  session 
were  printed, 
is  now  in  the 
library  of 
Congress  at 
Washington, 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death,  it  was  purchased,  with  his  library, 
hy  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.~\ 

PRESENT  Richard  Kempp,  Esquire,  Govern- 
or, &c. 

Capt.  Win.  Claiborne, 
Capt.  Wm.  Peirce, 
Capt.  Hen.  Browne, 
Capt.  Wm.  Brocas, 
Mr.  Geo  :  Mi  nine, 
Mr.  Rich.  Bennett, 
Capt.  Hum.  Higgison, 
Capt.  Wm.  Bernard, 
Mr.  Geo.  Ludlow, 
Capt.  Rich.  Townesend, 


y     Esq,viREa, 


OCTOBER,  1644— 19th  CHARLES  1st. 


i83 


James  Citty  countie 


The  names  of  the  Burgesses  for  the  several!  plantations  : 

f  Capt.  Rob't.Hutchinson, 
J  Mr.  Stephen  Webb, 
|  Mr.  Edward  Travis, 
«^  Mr.  Thos.  Loveing, 
Mr.  George  Jordan, 
Mr.  John  Shepherd, 
Mr.  Thomas  Warren. 

(  Mr.  John  Chew, 

<?  Mr.  Rowland  Burnham, 

(  Capt.  X'pher  Caultropp. 

Mr.  Peter  Hull, 
'Mr.  Geo.  Hardy, 
Mr.  Rich.  Death. 

C  Mr.  Cornelius  Lloyd, 
\  Mr.  John  Sidny. 

^  Leift.  Wm.  Worbrigh, 
^  Mr.  John  Hodin. 

Capt.  Tho.  Bernard, 
Walker, 
Hey  rick. 

Mr.  Obedience  Robins, 
Mr.  Edward  Douglas. 

Mr.  Randall  Crew, 
Mr.  Moore  Fontleroy. 

rCapt.tEdw.Hill,  Speaker 
'  Mr.  Fra.  Poythers, 


Yorke*  countie 

Isle  of  Wight  countie 

Lower  Norfl'. 
Elizabeth  Citty 

Warwick  countyf 

Northampton  county  J 
Vpper  Norff. 

Charles  Citty 
Henrico  county 


(  Capt.  Th< 
/  Mr.  John 
(  Mr.  Hen. 


\Mr.  John  Bishopp, 
Mr. 


John  Westropp. 

Mr.  Dan.  Llewellin, 
,-  Mr.  Richard  Cocke, 
\  Mr.  Abra.  Wood, 
^Mr.  William  Hatcher. 


n 

T 


■  Formerly  Charles  River.     See  act  13  of  l«42-3,  ante  pa.  249 
t  Formerly  Warwick  River.     See  act  13  of  1642-3,  ante  pa.  24t 
•  Formerly  AccawmaJx     See  act  13  of  1642-3,  ante  pa.  B4P 


284 


LAWS  OF  VIRGINIA, 


Penalty  on 
certain  she- 
ritT»,  by 
name,  for  not 
producing 
their  ac- 
counts to  the 
assembly 


How  arrears 
to  be  collect- 
ed. 


Security  to 
be  taken  of 
sheiifTs  by 
the  cor.nty 
courts. 


Penalty  for 
failure. 


ACT  I. 

WHEREAS  by  an  order  att  the  last  session  of  this 
present  Grand  Assembly  the  last  year's  sherriffs 
were  respectively  injoyned  to  appeare  and  produce 
their  accounts  att  this  present  sessions,  wherein  some 
have  failed,  To  the  great  detriment  of  the  present  af- 
faires, Be  it  therefore  enacted  by  the  authoritieof  this 
present  Grand  Assembly.  That  all  such  sherriffs  as  have 
not  accordingly  in  conformitieto  the  said  order  produc- 
ed their  accompts  (vizt.)  Mr.  Philip  Taylor,  •Sir  Tho  : 
Lambert,  Mr.  Robert  Davis  shall  be  fined  for  their  de- 
liuquencie  therein  1000  lb.  of  tobaccoe  a  peece,  to  be 
disposed  of  by  the  next  Grand  Assembly,  And  whereas 
most  of  she  said  sherriffs  have  charged  themselves  in 
their  severall  accompts  with  most  of  the  levies  and 
officers'  flees  for  that  present  year  though  vnreserved 
by  them,  Be  it  therefore  further  enacted  that  the  sher- 
riffs for  the  last  year  shall  have  full  power  and  authori- 
se to  receive  all  the  aforesaid  arrears,  And  in  case  of 
non-payment  to  make  distresse  vpon  the  goods  and  es- 
tates of  all  such  as  have  and  shall  make  default,  And 
that  the  said  sherriffs  shall  be  responsible  for  all  leavies 
and  fees  comitted  to  their  charge  of  collection. 

It  is  also e  further  enacted  by  the  authoritie  aforesaid 
that  the  comissioners  of  the  severall  counties  respec- 
tively shall  vppon  publication  hereof  ever  hereafter  be- 
fore the  admission  of  any  of  the  said  sherriffs  into  their 
offices  take  such  security  as  they  shall  think  fitt  and 
sufficient  of  the  said  severall  sherriffs  respectively  for 
the  performance  of  their  places,  especially  for  the  re- 
ceiving and  discharginge  of  all  publick  duties,  King's 
rents,  and  officers'  fees  comitted  to  their  charge  of  col- 
lection, And  if  the  said  comissioners  respectively  shall 
neglect  the  same,  then  they  soe  neglecting  to  be  liable 
and  responsible  for  the  same,  or  any  part  of  the  same 
soe  neglected. 


Expenses  of 
transporting 
Sir  William 
Berkeley's 
provision  to 
be  paid. 


ACT  II. 

Be  it  also  enacted  by  the  authoritie  aforesaid,  That 
all  charges  and  disbursments  which  have  accrewed 
by  the  receiving  and  transporting  of  Sir.  Wm.  Berke- 
ley's provision  be  presented  to  the  comissioners  of  the 
several!  countie  courts,  who  are  hereby  inabled  and  re- 


OCTOBER,  1644— 19th  CHARLES  1st.  285 

quired  to  make  particular  leavies  in  the  said  severall 
counties  where  such  charges  have  been  expended  for 
the  payment  thereof  to  those  who  have  expended  the 
same. 


ACT  HI. 

Criminal 

BE  it  further  enacted  by  the  authoritie  aforesaid,  charges  to  be 

That   all   charges  and    flees  accrewing  by  reason   of  Pa,d  ^ the 

King's  prisoners  shall  be  defrayed  and  discharged  by  where  pri- 

the  countie,  wherein  such  prisoner  or  prisoners  shall  be  sonerapprc- 

apprehended,  if  the  said  prisoner  or  prisoners  shall  be  ^nde(!' ]f  ., 

r~    .  ,      '  .  .   r  r  convicted;  n 

convict  of  their  accusation,  or  be  vnableto  make  pay-  not,  thepri- 

ment  themselves,  But  if  such  prisoner  or  prisoners  shall  so,ier  to  pay. 
be  cleared  by  proclamation  that  then  they  shall  be  lia- 
ble  to  the  said  charges  and  flees  themselves,  and  this 
act  to  continue  in  force  vntil  the  next  Assembly. 


ACT    IV. 

WHEREAS  severall  accorapts  have  been  presented  SjSjjJJ* 
to  this  Grand  Assembly  of  charges  and  disbursments  against  the 
expended  vpon  marches  aeainst  our  salvage  enemies,  Indians  to  be 

f  .  *      c       i  •    i  i  I  '  *•  „       paid  by  the 

lor  payment  ot  which   expenses   haveing  relation  to  county 
particular  counties,  to  assess  the  publique  were  incon-  where  ex- 
venient   and  injurious,  Bt  it  therefore  enacted  by  this  P«jnses  mcurr- 
present   Grand  Assembly,  That  all  charges  and   dis- 
bursments  for   the   cure  of  hurt  men  or  horses  or  for 
boats  lost  and  damnified,  boats  hire,  provision  or  ammu- 
nition imployed  in  the  publique   service  or  any  other 
charge  thereby  accrewing,  shall  be  presented  to  the  se- 
verall countie  courts,   where  they  that  have  expended 
any  such  charge  did  then  reside,  And  the  comission- 
efs  of  the  severall  countie  courts  respectively  are  to  al- 
low what  they  conceive  reasonable,  And  to  raise  parti- 
cular leavies  in  the  said  severall  counties»for  satisfac- 
tion thereof,  to  be  made  to  the  disbursers,  and  this  act 
to  continue  in  force  vntil  the  next  assembly. 


ACT    V. 

WHEREAS  by  the  late   reducement  of  the  inha-  inhabitants 
bitants  into  great  familys  divers  inconveniencics  have  Permi,ted  to 


2S6 


LAWS  OF  VIRGINIA, 


disperse  and 
form  i,rstiitct 
settlements  } 
except  in 
places  of 
danger, 
where  there 
must  be  at 
feast  10  men. 


happened,  Beit  enacted  by  the  authoritic  of  this  present 
Grand  Asserably,  that  all  persons  soe  reduced  and  pla- 
ced may  remove  and  dispose  of  themselves  for  their  best 
advantage  and  convenience,  Only  in  places  of  danger 
it  shall  not  be  lawfuil  for  any  to  seat  or  inhabitt  with- 
out ten  sufficient  men  at  the  least,  and  arms  and  am- 
munition accordingly,  The  said  places  of  danger  to 
be  considered,  and  the  parties  licensed  by  the  LeiftS. 
and  their  deputies. 


ACT  VI. 


Heads  of  fa- 
milies liable 
for  taxes  of 
members  of 
their  fami- 
lies. 


Who  deem- 
ed Che  head 
wheio  they 
make  a  joint 
crop. 


WHEREAS  the  severall  sherries  areinjoyned  &  to 
be  injoyned  by  themselves  and  their  sureties  to  be  liable 
and  responsible  for  all  publique  collections  comitted  to 
their  charge,  The  receiving  whereof  will  be  troublesom 
by  reason  of  scarcity  of  tobacco,  Be  it  therefore  enact- 
ed by  this  present  Grand  Assembly,  That  the  masters 
of  the  severall  familys  within  the  coilony  shall  be  res- 
ponsible for  all  the  publique  duties,  tithes  and  charges, 
due  from  all  persons  in  their  familys,  And  shall  detaine 
and  keep  in  their  hands  and  custody  the  cropps  and 
shares  of  all  ffreemeu  within  their  familys  vntil  satisfac- 
tion be  made  of  all  such  publique  duties,  tithes  and 
charges,  And  it  shall  be  understood  where  they  make 
a  joynt  cropp,  that  he  which  hath  the  coinand  shall 
be  adjudged  the  master  of  the  family. 


Additional 
levy,  for  de- 
fraying the 
expenses  of 
Sir  William 
Berkeley's 
voyage,  and 
for  powder 
lobe  bought. 


ACT  VII. 

BE  it  enacted  by  the  authoritie  of  this  present  Grand 
Assembly  that  for  the  defraying  of  the  charges  of  Sir 
William  Berkeley's  voyage,  And  toward  satisfaction 
for  the  powder  to  be  bought,  that  there  be  levied  eigh- 
teen pound  of  tobaccoe  per  poll  for  all  tithable  persons 
to  be  presently  collected  by  the  severall  sherrifis,  And 
deposited  with  the  comissioners  of  each  county  court, 
to  be  by  them  reserved  vntil  the  next  Grand  Assembly, 
And  the  severall  comissioners  are  required  to  take  care 
thereof. 


OCTOBER,  1644— 19th  CHARLES  1st.  287 

ACT  VIII. 

FFOR  the  repressing  of  the  excessive  rates  exacted      Ordinary 
by   ordnary    keepers,    Be   it   enacted  by    this  present  keepers  to  be 
Grand  Assembly,  That  none  shall  keep  an  ordinary  or  JJJJJJ8?  hy 
victualling  house  without  the  approbation  of  the  court  courts  and 
of  the  county  where  such  ordinary  shall  be  kept,  And  licensed  by 
licensed  from  the  Governour,   And  no  inholder,  ordi-  neGovr 
nary  keeper  or  victualler  soe  approved  and  licensed 
shall  charge,  exact,  take  or  receive  above  the  quantity 
of  lenn    pounds  of  tobaccoe   for    a  meales  diett,  ffor 
which  they  shall  affoard  sufficient,  good  and  wholesom 
diett,  And  that  no  ordinary  keeper  or  victualler  be  per-  Tavern  rate? 
mitted  att  all  to  sell  or  vtter  any  wine,  wines  or  strong  payable  in 
liquor  but  strong  beer  only  which  they  shall  affoard  and  t0  acco  °"  y 
sell  at  the  rate  of  81b.  tobacco  per  gallon  and  no  more, 
And  smaller  rateably,   And  that  according  to  order  of 
the  first  of  August,  1643,  noe  debts  made  for  wines  or  Debts  for 
strong  waters  shall  be  pleadable  or  recoverable  in  any  wines  or 
court  of  justice  within  the  collony. 


strong  waters, 
not  recover 
able. 


ACT  IX. 

WHEREAS  in  the  late  expeditions  against  the  In-  Those  wound - 

dians,  diverse  men   were   hurt   and  maymed  and  dis-  edintiie 

abled  from  provideing  for  their  necessary  maintenance  ,i,te  exPerf|- 

•  r»      -  j  i        ;  i       ■  *lons  against 

and  subsistance,  Be  it  there]  ore  enacted  by  the  aulhori-  the  Indians 

tie  of  this  present    Grand  Assembly,  That  all  hurt  or  to  be  support 

maymed  men  be  releived  and  provided  for  by  the  se-  eco^tl  e" 
verall  counties,  where  such  men  reside  orinhabitt. 


ACT  X. 

FFOR  defraying  of  the  publique  charges  of  Po-  puuiic  levy 
munckye  and  Cheychohominy  march,  ft  is  enacted  by  to  defray  the 
this   Grand  Assembly,  that  six  pound  of  tobacco  per  rJPcnSGS  of 

ii  i      i         •     i    c  3  -iii  •  i  •        i      l  Pomunky  ki 

poll  be  leavied  for  every  tithabie  person  within  the  se-  ciuckahomi- 
verall  counties  following  (vizt.)  James  Citty  six  hun-  ">  expedition* 
dred  eighty-seaven  persons  to  pay  4122  pounds  of  to-  |,^il"ls1!!<  * 
baccoe  to  such  persons  as  shall  be  appointed  to  receive 
the  same,  by  Capt.  Wm.  Clayborne,  Esq.     In  Yorke 
county,  six  hundred  and  nine  persons  to  pay  3654  pounds 
of  tobaccoe,  to  Capt.Townesend  4201b.  of  tobaccoe,  to 
Wm.  Smoote  600  pounds  of  tobaccoe,  To  Capt.  Clai- 


288 


LAWS  OF  VIRGINIA, 


borne  2634  pound  of  tobaccoe,  Warwicke  county  328 
tithable  persons  to  pay  1968  pound  tobacco,  ToCapt. 
Claiborne  278  pound  of  tobaccoe,  To  Mr.  Pryor  200 
pound  of  tobaccoe,  To  To  Hen:  Lee 346  pound  of  to- 
baccoe, And  to  Mr.  Bennett  1144  pounds  of  tobacco. 
Elizabeth  Cittie  countye  341  tithable  persons  to  pay 
2046  pound  of  tobaccoe  to  Mr.  Bennett,  Northampton 
countie346  tithables  to  pay  2076  pound  of  tobaccoe  to 
Capt.  Claiborne.  Lower  Norfolke  two  hundred  nine- 
tie  six  tithable  persons  to  pay  one  thousand  seaven 
hundred  seaventy-six  pound  of  tobaccoe  to  Mr.  Ben- 
nett, And  the  Isle  of  Weight  countie  463  tithable  per- 
sons to  pay  two  thousand  eight  hundred  and  eighteen 
pounds  of  tobaccoe  to  Mr.  Bennett,  All  which  sumes 
are  to  be  leavied  by  each  sherriffe  in  their  severall 
counties,  And  by  them  paid  as  avovesaid. 


ATT  A 

HOLDEN  ATT  JAMES  ClTTYE  THE  17TH  OF  FEBRU- 
ARY, 1644-5. 


(D=  The  MS. 
from  which  the 
acts  of  this 
session  were 
printed,  is  now 
in  the  library 
of  Congress  at 
Washington. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
tvho  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  ivhose  death  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Eq.  from  whom  is  was  bor- 
rowed by  Edmund  Randolph,  Esq.'] 

PRESENT  RICHARD  KEMPE,  Esquire,  Go 
vernour,  &c. 

Capt.  John  West, 

Capt.  Wm.  Clayborne, 

Capt.  Wm.  Peirce, 

Capt.  Tho.  Willoughbye, 

Capt.  Thomas  Pettvs, 

Mr.  Richard  Bennet, 

Capt.  Hen.  Browne, 

Mr.  Argoll  Yardly, 

Capt.  Humphrey  Higgison, 

Capt.  Wm.  Bernard, 

Mr.  George  Ludlow, 

Capt.  Richard  Townesend,     J 


y     Esquires, 


FEBRUARY,  1644-5— 19tb  CHARLES  1st 


JSf' 


The  names  of  the  Bureresses : 


For  James  Citty 


For  Henrico 


For  Charles  Cittv 


For  Warwick  county 


("Mr.  Ambrose  Harmer, 
j  Capt.  Robert  Hutchinson, 
j  Mr.  Wm.  Barrett, 
<{  Mr.  John  Corker, 

Mr.  Peter  Ridley, 

Mr.  Geo :  Stephens, 
^Mr.  John  Rogers. 

(  Mr.  John  Baugh  and 
(Mr.  Abraham  Wood. 

( Capt.  Edward  Hill,  Speaker 
J  Mr.  Rice  Hoe, 
]  Leift.  Francis  Poythres. 
^Mr.  Edward  Prince. 

Capt  Harwood, 
Capt.  Tho.  Bernard, 
Mr.  Hen :  Heyricke. 


■&      .u    t  i      e  wt   u.  >  Mr.  Arthur  Smith, 
For  the  Isle  of  Wight  |  Mr  ^  Hardy' 


ForVpper  Norff, 


For  Elizabeth  Citty 


For  Northampton 


For  Lower  Norfolk 


<  Mr.  Phillip  Bennett, 
(Mr.  More  ffantleroy. 

Capt.  Yeo, 


ler  Caulthropp  and 
Price. 


C  Capt.  Yeo, 
1  Capt.  X'pli 
(Mr.  Arthur 

(  Mr.  Edmon.  Scarbrough, 
(  Mr.  Stephen  Charlton. 


C  Mr.  Edwan 
I  Mr.  Tho.  ft 
I  Mr.  X'pher 


Mr.  Edward  Lloyd, 
Meares, 
'pher  Burroughs, 


ACT  I. 


BE  it  enacted  by  the  Governour,  Counsell  and  Bur- 
gesses of  this  present  Grand  Assembly  for  God's  glory 
and  the  publick  benefitt  of  the  collony.  to  the  end  that 
God  might  avert  his  heavie  judgments  that  are  now 
vpon  vs,  That  the  last  Wednesday  in  every  month  be 
sett  apart  for  a  day  of  ffast  and  humiliation,  And  that 
it  be  wholy  dedicated  to  prayers  and  preaching,  And 
because  of  the  scarcity  of  pastors,  many  ministers  have- 

2  N 


A  month)  v 
fast  esta- 
blished. 


2fm 


LAWS  OF  VIRGINIA,  t 


Former  law 
as  to  preach- 
ing, &c.  re- 
vived. 


Ministers  to 
.•eside  with- 
in their  cure 


JKarishioners 
may  use  a 
lecturer 
where  their 
minister  can- 
not attend- 


18th  of  A|»;l 
a  day  of 
thanksgiving 

,  wiriv. 


ing  charge  of  two  cures,  Be  it  enacted,  That  such  a 
minister  shall  officiate  in  one  cure  vpon  the  last  Wed- 
nesday of  everie  month  ;  and  in  his  other  cure  vpon 
the  first  Wednesday  of  the  ensuing  month.  And  in  case 
of  haveing  three  cures,  that  hee  officiate  in  his  third 
curevppon  the  second  Wednesday  of  the  ensuing  month, 
which  shall  there  be  their  day  of  fast,  That  the  last  act 
made  the  11  of  January,  1641,  concerning  the  minis- 
ters preaching  in  the  fore-noon  and  catechiseing  in  the 
afternoon  of  every  Sunday  be  revived  and  stand  in 
force,  And  in  case  any  minister  do  faile  so  to  doe, 
That  he  forfeit  500  pound  of  tobaccoe  to  be  disposed 
of  by  the  vestrey  for  vse  of  the  parish. 


ACT  II. 

THAT  everie  minister  shall  reside  and  abide  within 
his  cure  to  perform  such  acts  of  his  callinge  ( vizt.)  bap-; 
tize  weak  infants,  to  visit  the  sick  and  all  other  ac- 
tions which  pertain  to  his  ministerial  function,  vpon 
penalty  as  aforesaid. 


ACT  III. 

THAT  where  it  soe  falls  out  that  any  minister  have 
induction  into  two  or  more  cures  farr  distant  one  from 
another,  whareby  one  cure  must  necessarily  be  neg^ 
lected,  It  shall  be  lawfull  for  the  parishioners  of  such 
a  cure,  to  make  vse  of  any  other  minister  as  a  lecturer 
to  babtize  or  preach,  Provided  it  be  without  prejudice 
or  hinderance  to  the  incumbent  that  first  had  his  in- 
duction. And  that  the  priviledge  shall  be  allowed  to  all 
other  parts  inconvenient  and  dangerous  for  repaire  to 
fhe  parish  church. 


ACT  IV. 

THAT  the  eighteenth  day  of  April  be  3rearly  cele- 
brated by  thanksgivinge  for  our  deliverance  from  th*1 
hands  of  the  Salvages. 


Vestry  to  bf 
elected  by  a 
•majority  of 
parishioners 


ACT  V. 

THAT  the  election  of  every  vestry  be  in  the  power 
of  the  major  part  of  the  parishoners  who  being 
warned  will  appear  to  make  choice  of  ?uch  men  as  by 


FEBRUARY,  1644-5— 19th  CHARLES  1st.  -'*< 

pluralitie  of  voices  shall  be  thought  fitt,  and  such 
warninge  to  be  given  either  by  the  minister,  church- 
wardens or  head  comissioners. 


war 


ACT  VI. 

1  HAT    whereas  the   church- wardens    have    been  church 
very  negligent  in  the  execution  of  their  duties  and  of-  densamen- 

fice,  The  county  courts  shall  hereby  have  power  to  able  to  county 

M.i  .  •  a      i  -r  •  i  -i     courts, 

them  into  question,  And  it  just  cause  be,  to  punish 

or  fine  them  as  the  offence  shall  deserve. 


ACT  VII. 

The  Governor,  counsell  and  Burgesses  of  this  pre-  pronibitiou 
sent  Grand  Assembly  haveing  maturely  weighed  and  against  de- 
considered  the  exreame  prejudice  which  will  necessa-  taUonf  that* 
rily  ensue  to  the  collony  by  deserting  of  plantations  have  been 
which  are  now  seated,  or  since  the  20th  of  November  seated, 
last  have  been  seated,  have  enacted,  And  by  the  autho- 
ritye  of  the  same  be  it  enacted,  That  it  shall  not  be  law- 
full  for  any  person  holding  land  by  patent  or  who  soe 
hath  held  land  since  the  20th  of  November  last,  volun- 
tarily to  leave  the  same  vpon  penaltie  of  (forfeiture 
thereof,  so  as  it  may  be  lawfull  for  any  person  whatso- 
ever to  take  vp  the  same  by  patent  as  land  deserted. 
And  if  any  lessee  shall  in  like  sorte  voluntarily  relin- 
quish land  leased  to  him,  it  shall  be  lawfull  for  any 
person  to  enter  vpon  the  same  and  have  the  benefitt 
thereof  vnles  the  patentee  will  seate  or  cause  the  same 
to  be  seated,  provided  that  he  that  hath  the  patent  of 
the  land  so  deserted  by  the  proprietor,  or  enters  vpon 
any  leased  lan&,  do  forthwith  seat  the  same  with  a 
competent  number  of  men,  arms  and  amunition. 

And  it  is  further  enacted  by  the  authoritie  aforesaid,  persons  de 

That  it  shall  not  be  lawfull  for  any  person  so  desert-  serting  theii 

ing  his  plantation  as  aforesaid  to  burne  any  necessary  Plantaf"ons 
,    &       .    '      ,  ,    .  in  .   ^     not  to  bum 

houseing  that  are  scituated  therevpon,  but  shall  receive  the  houses, 

so  many  nailes  as  may  be  computed  by  2  indifferent  &  to  receive 

men  were  expended  about  the  building  thereof  for  full  ™  ™rncye"ai,s 

satisfaction,  reservinge  to  the  King  all  such  rent  as  did  pended  in 

accrew  b>  vertue  of  the  former  grants  or  planting  of  building  it 

He  same  from  the  expiration  of  the  first  seaven  years 


■zm 


LAWS  OF  VIRGINIA. 


Certain 
counties  as- 
sociated to 
carry  on  the 
war  against 
the  Indians. 


Council  of 
war. 


T  If  tir  power. 


How  punish- 
ed  for  abuse 

of  power. 


Every  li? 
fithables  to 
furnish  a  sol- 
dier for  car- 
rying on  the 
war  on  the 
north  side  of 
the  river. 

Who  are 

deemed  ti' 

,'iMes. 

Penalty  fo. 
concealing 
tithables. 

When  the 
council  of 
war  may 
press  men. 


ACT  VIII. 

BE  it  enacted  by  the  Governour,  Counsell  and  Bur- 
gesses oj  this  Grand  Assembly  that  the  three  countys  of 
Isle  of  Wight,  Vpper  Norff:  and  Lower  Norff:  shall 
prosecute  the  enemie  and  defend  those  parts  from  Vp- 
per Chipoaks  downewards  by  constant  marches  vpon 
the  Indians,  And  the  inhabitants  of  LawnesCreeke  vp- 
wards  to  the  falls  on  the  south  side  of  the  river  shall  do 
the  like  from  the  Vpper  Chipoaks  to  the  vtmost  extent 
on  that  side.  And  that  the  Leifts.  and  deputy  Leifts. 
or  the  major  part  of  them  be  the  counsell  of  warr  of  the 
aforesaid  associating  countys  and  limitts  vnder  the  Go- 
vernour  and  Counsell;  And  that  the  warr  be  managed 
equallie  and  proportionably,  respect  being  had  to  the 
frontiers,  And  that  the  same  counsell  of  warr  shall  have 
power  to  leavie  such  and  soe  manie  men,  arms,  ammu- 
nition and  other  necessaries  as  emergencie  of  occasions 
shall  require,  And  in  case  of  any  of  the  said  Leifts.  or 
deputy  Leifts.  shall  abuse  their  trust,  And  just  com- 
plaintmade  thereof,  that  they  shall  be  subject  to  punish- 
ment by  the  Governour  and  Council  or  general  As- 
sembly, And  that  the  election  of  the  comander3  in 
cheife  be  from  time  to  time  referred  to  the  Governour 
and  Council,  And  be  it  further  enacted  by  the  autho- 
rity aforesaid  that  for  the  manageing  the  warr  on  the 
north  side  of  the  river,  That  evrie  15  tithable  persons 
shall  sett  forth,  compleatly  furnish  and  maintain,  one 
soldier,  vntil  such  time  as  the  Governour  and  Council 
shall  find  cause  to  increase  or  diminish  the  number; 
And  because  there  shall  be  no  scruple  or  evasion  who 
are  and  who  are  not  tithable,  It  is  resolved  by  this 
Grand  Assembly,  That  all  negro  men  and  women,  and 
all  other  men  from  the  age  of  1G  to  GO^hall  be  adjudg- 
ed tithable  :  And  in  case  any  person  or  persons  within 
their  familys,  that  such  delinquents  shall  forfeit  double 
pay  for  everie  tithable  person  soe  concealed;  And 
where  ffifteen  are  joyned  to  set  forth  one  and  cannot 
agree  amongst  themselves,  That  in  such  case  the  coun- 
cil of  warr  shall  press  whom  they  shall  think  fitt,  And 
whereas  some  difference  may  arise  concerning  the  pay 
of  the  soldier  so  sett  out,  It  shall  be  lawfull  for  the  14 
to  compound  and  agree  with  him  as  they  and  he  shall 
think  fitt,  And  in  case  of  disagreement  that  then  the 
counsell  of  warr  shall  allow  the  soldier  such  satisfacti- 


FEBRUARY,  1644-5— 19th  CHARLES  1st. 


lUl, 


on  from  the  14  as  to  them  shall  seem  convenient,  And 
the  said  counsell  of  warr  shall  have  power  to  armethe 
soldier  with  all  necessaries  out  of  the  said  fifteen  men, 
provided  that  the  soldier  be  responsible  for  his  arms 
(in  case  he  shall  negligently  loose  or  spoyle  them)  out 
of  his  sallary,  And  to  avoid  all  doubts  and  controver- 
sies that  may  arise  in  case  of  the  death  of  any  such  sol- 
dier, whether  he  be  servant  or  other,  Be  it  enacted  by 
the  authoritie  aforesaid  that  any  soldier  so  slayne  in 
the  service  his  whole  yeares  sallary  shall  be  due  if  he 
were  hired  for  so  long  time  as  he  did  serve,  and  the  re- 
mainder by  a  publique  leavie,  And  in  case  he  be  only 
sick,  maymed  or  hurt,  that  then  the  county  of  which  he 
went  to  pay  for  his  cure  to  the  chirurgion  that  shall  be 
imployed  about  him,  And  if  it  so  fall  out  that  a  dimi- 
nution of  the  armes  shall  be  expedient,  That  then  the 
least  number  maintaining  a  soldier  shall  be  first  releiv- 
ed. 


May  arm  Ibe 
soldiers, 
who  are  to 
be  rt* sponsi- 
ble if  they 
negligently 
lose  them. 

Soldier  kill- 
ed in  service 
entitled  to 
his  whole 
year's  pay. 

If  wounded 
the  expense 
of  cure  to  be 
paid  by  his 
county. 
Who  to  be 
fust  disharg- 
ed. 


Fort  James 

Pay  of  work 
men. 


ACT  IX. 

Be  it  also  enacted  that  there  be  three  fi'orts  erected,    iln.ee  U)Vl. 
one  at  Pomunkey  to  be  called  Fort  Royal ;  another  to  to  be  built, 
the  Falls  of  James  River  to  be  called  ffort  Charles,  and   p^rtci?^ 
the  third  on  the  Ridge  of  Chiquohomine,  and  to  be  call- 
ed Fort  James,  and  that  carpenters  and  other  necessa- 
rie  handicraft   men   for  and  about  the   said  worke  be 
pressed  at  the  rate  of  7  pound  of  tobacco  per  diem  for 
conveniencie  of  retreate  and  other  occasions,  The  co- 
manders  of  thefibrts  to  be  appointed  by  the  Governour 
and  Council ;  And  in  case  an  expedition  to  Pomonkey 
or  any  other  northerly  part  of  the  collony  do  require  it, 
that  the  severall  commanders  with  the  companies  shall 
joyn  by  a  comand  from  the  Governour  and  Council  to  Governor  as 
prosecute  the  said  warr,  and  leaving  a  sufficient  strength  do.unei'  ma-' 
at  each  Ifort,  and  in  case  they  shall  not  be  thought  a 
sufficient  company  so  joyned  as  aforesaid, That  the  Go- 
vernour and  Council  shall  have  power  to  raise  either 
men,  horses,   armes,  amunilion   or  provison  as  they 
shall  think  fitt  or  expedient  for  the  service,  And  be- 
cause it  is  an  vndisputable  truth,  that  the  service  of 
some  Indians  either  of  Achomack  or  Rappahannock  be 
treated  with  and  entertained  for  the  further  discovery 
of  the  enemie,  Be  it  also  further  enacted,  That  the  co- 
mander?  in  cheife  tpc^vp  for  their  vears   ^llarv  as  a   rX  ol  ° 


294 


LAWS  OF  VIRGINIA, 


How  inferior 
offi'/prs  ap- 
pointed. 
Counties  on 
the  south  & 
north  side  of 
the  river  to 
bear  the  ex- 
penses of  the 
war  on  eacli 
side  respect- 
ively. 


reward  for  their  service  6000 pounds  of  tobaccoe,  Their 
Lefts  4000  pounds  of  tobaccoe,  And  either  Serjeants 
2000  pounds  of  tobaccoe  yearly  or  so  long  as  they  serve 
proportionately,  And  the  choice  of  the  inferior  officers 
shah  belong  to  the  said  comanders  with  allowance  of 
the  Governor  and  Council ;  And  be  it  explained  and 
confirmed  by  the  authoritie  aforesaid  that  the  associa- 
ting counties  on  the  south  side  of  the  river  are  wholly 
to  contribute  towards  the  maintenance  of  the  warr  on 
that  side  without  any  expectation  of  any  contribution 
from  the  north  side,  and  so  likewise  on  the  north  side 
by  themselves  including  Northampton  and  Northum- 
berland.* 


ACT  X 


Penalty  an- 
nexed to  a 
former  act 
for  shooting. 


BE  it  alsoe  enacted  and  confirmed  that  this  clause  be 
annexed  to  the  first  act  of  Assembly  held  the  first 
of  March,  1643,  concerning  shooting  of  Gunns — That 
the  penaltie  for  every  offender  and  offence  in  that  kind 
shall  be  100  pound  of  tobaccoe  halfe  to  him  that  in- 
formed the  Left,  and  the  other  halfe  to  the  vse  of  the 
courrtye. 


ACT  XL 


Poor  prison- 
ers taken  in 
execution  for 
tobacco, 
<;orn,  &c. 
may  be  dis- 
charged by 
exhibiting  an 
inventory  of 
their  estate 
on  oath  and 
payment  of 
other  com- 
modities. 


BE  it  aisoe  enacted  by  the  authoritie  of  this  Grand 
Assembly,  for  releife  of  severall  poor  men  that  are  layd 
in  the  sherriffs  hands  vnder  execution,  for  tobaccoe, 
corne  and  other  comodities,  which  truly  in  kind  they 
have  not,  that  therefore  in  such  cases  the  inventorie  of 
his  or  their  estate  being  produced  vpon  oath  in  pre- 
sence of  the  creditor,  The  comiss.  shall  determine 
what  shall  be  valued  for  satisfaction  of  the  debt. 


"  This  is  the  first  time  that  the  county  of  Northumberland  has  been 
mentioned  in  any  of  the  acts.  It  would  seem  from  this  circumstance 
that  the  power  of  forming  new  counties  was  at  that  time  vested  in  the 
governor  and  council.  See  ante  pa.  115.  Instructions  to  Sir  Francis 
Wvatt  for  dividing  the  colony  into  cities,  boroughs,  &c. 


FEBRUARY,  1644-5— 19th  CHARLES  1st. 


J95 


ACT  XII. 

BE  it  further   enacted  by  the  authoritic  aforesaid,   Former  act 
That  from  henceforth  and  after  the  publication  of  this  declaring 
act  in  the   severall  counties,  especially  the  order  and   wmedebts 

7        t  *  «***    *»»■»-•    not  recover- 

act  forbidding  wine  debts  to  be  pleadable,  to  be  abso-  able  repealed 
lutely  repealed  and  made  void,  And  for  all  wine  debts 
made  since  the  date  of  the  said  order,  that  they  bee  sa- 
tisfied by  paying  one  third  of  the  said  debt  at  the  next 
cropp,  And  the  other  two  thirds^  at  the  next  ensueing 
fropps  proportionably. 


ACT  XIII. 

BE  it  alsoe  enacted  by  the  authoritie  aforesaid,  for 
the  regulation  of  clerkes  and  sherrifls'  fees  and  their 
large  exactions  hereafter  that  in  couutie  courts  it  shall 
be  sufficient  authoritie  for  sherriffs  to  arrest  any  person 
in  an  action  of  debt  or  trespass  if  the  said  action  be 
entred  in  the  court  booke  by  the  clerke  and  the  charge 
of  the  entrance  to  be  four  pound  of  tobaccoe  :  And 
also  that  it  shall  be  lawfull  for  subpenas  to  be  served 
by  the  party  procuring  the  same,  or  by  their  appoint- 
ment, and  not  by  the  sherriffs  vnles  it  be  desired  :  The 
charge  of  a  subpena  to  be  as  formerly:  Likewise,  Be 
it  enacted  that  no  person  whatsoever  be  forced  to  pay 
for  writeing  a  petition  vnless  he  employ  the  clerke  to 
do  it,  And  then  as  the  act  appoints,  Nor  for  recording 
of  any  patent  or  comission  of  administration  or  take- 
ing  of  examinations  or  depositions  in  criminall  causes 
or  whatsoever  else  is  to  be  done  ex  officio,  and  for 
which  acertaine  fee  is  established  by  the  act  of  Assem- 
bly, And  that  no  clerke  do  demand  three  pounds  tob'o. 
per  cent  de  futuro  for  takeing  of  inventories  vnles  they 
be  therevnto  required,  And  then  no  more  then  the  par- 
ty imployiug  him  and  he  can  best  agree:  of  all  which 
the  county  courts  are  required  diligently  to  looke  af- 
ter, And  complaint  made  for  extortion  in  any  officer 
by  their  ffees  or  otherwise  that  such  ffacts  be  punished 
by  the  severall  county  courts  or  presented  to  the  quar- 
ter court 


Clerks  and 
Sheriffs'  fed; 
regulated. 


Subpoenas 
may  be  serv- 
ed by  the 
parties  tlierti 
selves 


County  and 
quarter 
courts  may 
punish  clerk.. 
and  sheriffs 
for  extortion 


296 


Free  trade 
allowed  to 
inhabitants, 
and  all  acts 
against  in- 
grossing 
repealed. 


LAWS  OF  VIRGINIA. 

ACT  XIV. 

BE  it  further  enacted  and  confirmed,  That  ftree  trade 
be  allowed  to  all  the  inhabitants  of  the  collony  to  buy 
and  sell  at  their  best  advantage ;  And  that  all  acts 
concerning  ingrossing  be  from  henceforth  repealed  & 
made  void. 


Free  trade  to 
be  encouraged 
with  the 
king's  sub- 
jects resid- 
ing in  En- 
gland. 


Assurances 
given  by  the 
assembly. 


ACT  XV. 

WHEREAS  the  great  wants  and  extremities  of  the 
collony  do  necessarielie  require  that  care  &  meanes  be 
vsed  for  the  encouragement  of  trade,  Be  it  therefore 
enacted  by  the  Governour  and  Council  and  Burgesses 
of  this  present  Grand  Assembly  that  there  be  a  free 
trade  and  commerce  allowed  to  all  his  maj'ts.  subjects 
within  the  kingdom  of  England,  And  it  is  further 
thought  fitt  to  be  explained  particularly,  because  of 
some  questions  and  doubts  that  have  been  made  by  the 
Londoners  this  yeare  tending  to  a  prohibition  of 
trade  with  them,  that  it  was  never  intended  but  the 
contrary  thereof  allways  assured  vnto  them,  as  divers 
publique  acts  and  proclamations  in  the  collony  do  at 
large  declare :  And  this  Assembly  on  the  behalfe  of 
the  inhabitants  do  pledge  the  faith  of  the  collony  for  a 
continuance  of  a  free  and  peaceable  trade  to  them 
with  all  justice  in  any  case  requiring  it,  so  as  demeane 
themselves  in  a  peaceable  manner,  and  be  obedient 
and  conformable  to  the  government. 


?ci-g;T,  how 
to  be  allow- 
ed in  court. 


ACT  XVI. 

BE  it  enacted  by  the  authoritie  of  this  present  Grand 
Assembly  for  avoiding  causes  and  suits  of  law,  that 
where  any  suit  shall  be  comenced  either  in  quartercourt 
or  county  court,  that  if  the  defendant  have  either  bill, 
bond  or  accompt  of  the  pit.  wherein  he  proves  him 
debtor,  that  in  such  cases  the  courts  do  balance  ace's, 
consideration  being  had  and  allowance  given  to  the  pit. 
for  his  charges  who  first  began  his  suit,  as  alsoeto  the 
time  when  such  bills,  bonds,  accompts  or  demands 
were  due  to  be  compared  with  the  acco.  in  ballance* 
And  this  act  to  continue  till  the  next  Asspmblv. 


FEBRUARY,  1644-5— 19th  CHARLES  1st  297 

ACT  XVII. 

BE  it  enacted  by  this  Grand  Assembly   in    respect  Summary  re- 
most  of  the  sheriffs,  as  is  conceived,  have  converted  ^J^""'* 
a  great  part  of  the  eighteen  pound  of  tobacco  per  pole  pcctedof 
to  their  private  benefit;  And  likewise  some  comiss's.  converting 
into  whose  hands  part  of  the  said  levie  hath  been  de-  f^^^,, 
poshed,  That  the  county  caurts  respectively  do  call  uses, 
the  said  sherriffs  and  such  of  the  comiss'rs.  to  accompt, 
And  where  such  default  shall  be  found,  That  executi- 
on presently  issue  forth  against  the  estates  of  the  de- 
linquents for  payment  of  such  summe  or  summs  soe 
converted  with  a  large  consideration  for  forbearance  to 
the  publique,  In  respect  it  was  no  forced  conjecture  that 
they  have  raised  to  themselves  great  profitt  by  such 
conversion.     And  the  estate  so  seized  to  remain  in  the 
hands  of  the  comiss.  are  ingaged  by  act  of  Assembly 
to  be  responsible  for  publique  leavies. 

ACT  XVIII. 

BE  it   enacted   by   the    authorilie    aforesaid,    That  Certain  com- 
George  Minifie  and  Richard  Bennet,  Esquires,  be  im-  ™"hanseerl,to 
ployed  by  themselves  joyntly  or  severally  or  by  any  powderand 
■whom  they  shall  think  fitt  in  the  behalfe  of  the  collony  sho*- 
for  purchasing  of  powder  and   shott  at  the  cheapest 
rates  they  can,  And  that  they  have  power  to  receive  of 
severall  sherriffs  all  the  present  readie  tobaccoand  dis- 
pose of  the  same  for  that  purpose,  but  more  especially 
that  they  or  their  assignes  do  provide  the  greater  quan- 
tity of  shott  and  lead  in  respect  of  the  generall  want 
thereof,  And  that  the  Governourand  Council  with  them 
have  power  to  dispose  thereof,   for  the  furnishing  of 
the  forts  and  setting  out  of  marches  as  they  shall  think 
fitt:  And    that  they    the    said    Mr.    Minifie  and   Mr. 
Bennet  be  responsible  for  the  same  at  the  next  Assem- 
bly. 


ACT  XIX. 

BE  it  enacted  by  the  present  Grand  Assembly,  That  Servant*, 
the  act  the  last  Assembly  excepting  servants,  armes,  arms,  kc. 
amunition,  and  corn  for  present  subsistance  from  the  *rx0^exec 
rigor  of  cxec'n.  be  still  in  full  force  and  power  and  so  tion. 
to  continue  till  the  twentieih  of  October  next. 

2  O 


execu- 


ids 


LAWS  OF  VIRGINIA, 


Certain  int»- 

bitants  of 
James  City 
pa.ish  may 
form  a  dis- 
tinct parish 
on  account  of 
the  danger 
of  the  times. 


ACT  XX. 

BE  U  enacted  by  the  authoritie  of  this  present  Grand 
Assembly,  with  consent  of  Mr.  Thomas  Hampton, 
rector  of  James  Ciltie  parish,  in  respect  of  the  dange- 
rous limes  and  inconveniencies  for  the  inhabitants  ot 
the  east  side  of  Archer's  Hope  Creeke  to  the  head 
thereof  and  downe  to  Warham's  ponds,  to  repaire  to 
the  parish  church  att  James  Citly,  That  they  be  a 
distinct  parish  of  themselves  or  shall  have  power  to 
adjoyne  themselves  to  the  parish  of  Martin's  Hundred 
as  they  the  said  inhabitants  shall  find  most  convenient. 


ATT    A 


HOLDEN    ATT    JAMES    ClTTY    THE    TWENTIETH    OF  NO- 
VEMBER,  1645. 


dTThe  MS. 
from  which 
the  acts  of 
this  session 
were  printed, 
is  now  in  the 
library  of 
Congress,  at 
Washington. 


\Froma  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once,  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.] 

PRESENT  Sir  WILLIAM  BERKELEY,  Kn't, 
Governour,  Sic. 

The  names  of  the  Burgesses  for  the  severall  planta- 
tions : 

f  Mr.  John  fflood, 
Mr.  Walter  Chiles, 
Mr.  Thos.  Swan, 
Mr.  Robert  Wethcrall. 
Mr.  Ambrose  Harmcr, 
Mr.  Thomas  Warne, 
Mr.  Peter  Ridley, 

V^Mr.  Geo :  Stevens, 

Capt.  X'pher  Coltrop. 
Mi-.  Rowland  Burnham, 
Mr.  Arthur  Price 


James  Citty  county      < 


York  County 


NOVEMBER,  1645— 20th  CHARLES  1st. 


349 


Isle  of  Wight  county 

Lower  NorfT. 
Elizabeth  Citti 

Warwick  county 
Northampton 
Vpper  Norff. 


Charles  Citty 


Capt.  John  Vpton, 
Mr.  Geo.  Hardin, 
Mr.  John  Seward. 

^  Mr.  Cornelius  Lloyd, 
\  Mr.  X'pher  Burrowes, 

(  Capt.  Lenard  Yeo, 
(  Mr.  John  Chandler. 

C  Capt.  Tho.  Bernard, 
<  Mr.  John  Walker, 
(  Mr.  Randal)  Crew. 

Mr.  E'd.  Scarbrough 

Speaker, 
Mr.  Thomas  Johnson. 

Mr.  Philip  Bennett 
Mr.  Edward  Major, 
Mr.  Richard  Wells. 

'Capt.  Fra.  Eps, 
Capt.  Edward  Hill, 
Mr.  Edward  Prince, 
Mr.  Rice  Hoe, 

j  Mr.  Win.  Barker, 
Mr.  Charles  Sparrow, 
Mr.  Anthony  Wyatt, 


1 


Mr.  A  bra.  Wood, 
Mr.  Wm  Hatcher. 


Henrico  county 

Northumberland* — Mr.  John  Matrum. 


ACT  I. 

BE  it  enacted  by  the  authority  of  the  Governour,  Number  of 
Council   and   Burgesses   of  this  present    Grand  As-   burgesses  for 
sembly,  That  whereas  the  certain  number  of  Burgesses   Nmj|edOUOty 
for  the  severall  countyes  of  this  collony  have  been  di- 
vers times  augmented  and  lessened  without  any  certain 
rule  for  the  same  :  that  hereafter  for  all  ensueing  As- 

*  This  is  the  first  time  that  the  county  of  Northumberland  ap- 
pears to  have  been  represented  in  the  General  Assembly.  The 
name  did  not  occur  till  it  was  mentioned  in  the  9th  act  of  the  pre- 
ceding- session  ;  and  the  county  was  probably  formed  by  the  Go- 
vernor and  Council  during  the  recess  of  the  Legislature.  See  note 
Co  act  IX.  of  February,  1644-5. 


300 


LAWS  OF  VIRGINIA, 


lSTo  county  to 
exceed  four 
members, 
except  Jas. 
City,  which 
may  send  5 
and  the  city 
one. 

Where  elec- 
tion to  be 
held. 

Notice  to  be 
given. 


semblies  no  county  shall  exceed  the  number  of  4  Bur- 
gesses, (except  the  county  of  James  Cittieonely,  which 
shall  elect  5  Burgesses  for  the  said  county  and  one  for 
James  Citty)  And  that  the  election  of  all  Burgesses  be 
performed  in  those  places  where  the  county  courts  be 
held,  (those  places  excepied  which  are  published  by 
act  of  Assembly  ;)  also  the  sherriffs  shall  give  notice  of 
such  elections  to  the  severall  inhabitants  6  days  at  least 
before  the  time  of  meeting  to  that  place. 


Ordinary 
keepers  ral- 
ed. 


Prices  of 
wines  and 
strong  wa- 
ters. 


Penalty  for 
fraudulently 
mixing  wines 
or  strong 
waters. 

Tor  exceed- 
ing the  rates. 


ACT  II. 

WHEREAS  there  hath  been  great  abuse  by  the 
vnreasonabie  rates  exacted  by  ordinary  keepers,  and 
retailers  of  wine  and  strong  waters,  Be  it  enacted 
that  no  person  or  persons  whatsoever  retailing  wines 
or  strong  waters  shall  exact  or  take  for  any  Spanish 
wines  (vizt.)  Canary,  Mallego,  Sherry,  Muskadine,  A- 
legaut  or  T^nt above  the  rate  of  30  pound  of  tob'o.  per 
gall.  And  flbr  1VJ  aderea  and  Fyall  wine  above  20  pound 
of  tob'o.  per  gall.  And  for  all  ffrench  wines  above  the 
rate  of  15  lb.  tob'o,  per  gall.  And  for  the  best  sorte  of 
all  English  strong  waters  above  the  rate  of  80  lb.  of  to- 
bacco per  gall,  and  for  aqua  vitae  or  brandy  above  the 
rate  of  40  lb.  tob'o.  per  gallon. 

And  if  any  person  or  persons  retai'.eing  wines  or 
strong  waters  as  aforesaid  shall  fraudulently  mix  or 
corrupt  the  same,  Vpon  complaint  and  due  proofe  made 
thereof  before  two  commissioners  whereof  one  to  be 
of  the  quorum,  The  said  commissioners  shall  by  warrant 
vnder  their  hands  comand  the  constables  to  stave  the 
same,  And  if  any  shall  take  more  then  such  rates  sett 
they  to  be  ffined  at  double  the  value  of  such  rates  soe 
exacted. 


Inhabitants 
restrained 
from  hunting 
in  the  woods 
or  travelling 
abroad. 


ACT  III. 

WHEREAS  the  carelesse  stragling  of  many  peo- 
ple hath  exposed  them  to  the  slaughter  of  the  enemie, 
Be  it  enacted,  that  the  Leifts.  and  deputy  Leil'ts. 
in  the  severall  precints,  shall  hereby  have  power 
to  restraine  all  such  persons  (as  not  being  considera- 


NOVEMBER,  1645— 20th  CHARLES  1st. 


301 


ble  party  to  defend  themselves)  shall  either  hunt  in  the 
woods  ortravell  abroad,  and  punish  such  a>  shall  oiiVnd 
therein  according  to  the  nature  of  the  offence. 


ACT  IV. 

TO  rectifie  the  great  abuse  .d' millers,  Be  it  enacted  MiHen  not 
that  no    person  or  persons  sha':!  tor  the  grinding  any   ^^j".^!)" 
grayne  that  shall   he   brought  vnto  them  take  above  ?art  for  toll. 
the  sixth  part  thereof f  r  toll. 


ACT  V. 

WHEREAS  it  hath  pleased  bis  most  excellent  ma- 
jestie  to  give  instructions  to  the  present  Governor 
for  the  inlarcement  of  the  payment  of  powder  paid 
by  the  shipps  arriving  in  this  collony,  B<  it  therefore 
enacted  that  for  this  present  yeare  all  shipps  which 
have  arrived  since  the  Governor's  last  comeing  in,  or 
that  shall  arrive  before  midsumer  next  shall  pay  one 
halfe  pound  of  powder  to  the  publique,  for  every  tunne 
of  there  burthen,  And  be  it  alsoe  enacted.  That  all 
shipps  arriveing  after  midsumer  next  shall  pay  to  the 
publique  1-2  pound  of  powder  and  three  pound  of  lea- 
den shott  or  lead  for  every  tunne  of  their  burthen,  and 
that  this  present  act  shall  be  affixed  to  the  masts  of  all 
shipps  arriving  in  this  collony,  to  the  intent  that  notice 
may  be  taken  thereof. 


Additional 
tonnage  on 
shi(is  payable 
in  powder, 
and  shot. 


This  act  to 
he  fixed  to 
the  head  of 
the  masts  of 
all  ships  on 
their  arrival. 


ACT  VI. 

WHEREAS  many  vexatious  suits   have  happened   Limitations 
in  this  collony  and  much  injury  done  especially  vnto   actions  on 
the  estates  of  the   deceased,  and  some  absent   persons  'book  dei3tS) 
by  the  accepting  of  acco'ts,  and  booke  debts  as  good  to9  months 
evidence  and  proofe  for  the  recovering  of  debts  which 
indeed   were  not  justly  due,    Be  it   therefore  enacted 
that  noe  booke  debts  or  acc'ts.  (not  allready  made)   Proviso, 
shall  be  pleadable  in  any  court  or  courts  of  justice  with- 
in this  collony  after  9  months  from  the  original  of  the 
said  debts,  without  speciality  or  writing  vnder  the  hand 
or  hands  of  any  person  or  persons  that  shall  be  implead- 
ed for  the  same,  except  a  suit  be  commenc'i,  and  a  de- 


302 


LAWS  OF  VIRGINIA, 


To  extend  to 
inhabitants 
of,  &.  debts 
contracted 
within  ihe 
colony  only. 


claration  entered  and  fyled  in  the  county  court,  where 
the  debtor  liveth  within  the  said  9  months,  Provided 
that  this  act  shall  only  extend  to  such  debts  as  shall  be 
made  within  this  collony,  and  to  such  person  &  persons, 
debtors  and  creditors  as  shall  inhabit  and  dwell  within 
this  collony. 


All  mercena- 
ry attornies 
to  be  expell- 
ed from 
office. 


ACT  VII. 

WHEREAS  many  troublesom  suits  are  multiplied 
by  the  vnskillfullness  and  coveteousness  of  attor- 
neys, who  have  more  intended  their  own  profit  and 
their  inordinate  lucre  then  the  good  and  benefit  of  their 
clients  :  Be  it  therefore  enacted,  That  all  mercenary 
attorneys  be  wholly  expelled  from  such  office,  except 
such  suits  as  they  have  already  vndertaken.  and  are 
now  depending,  and  in  case  any  person  or  persons  shall 
offend  contrary  to  this  act  to  be  fined  at  the  discretion 
of  the  court. 


sheriff  not 
bound  to  re- 
ceivi-  any 
clerk's  fees 
or  ferry- 
men's wa- 
ges, Lc. 
which  do 
not  belong  to 
his  place. 


All  adminis- 
trations to  be 
granted  at 
ihe county 
courts  where 
the  deceased 
dwelt  ; 
And  probate 
of  wills,  ap- 
praisements, 
inventories  &t 
accounts  to 
be  there  had 
and  allowed. 
Commission- 
ers to  cer- 


ACT  VIII. 

BE  it  enacted  that  no  sherriff  be  compelled  to  re- 
ceive an}'  debts  of  ffees  of  clerks  or  fferrymens' 
wages  or  ffees  of  any  other  officers  which  do  not 
properly  belong  to  his  place  (the  secretaries  and  the 
clerkeof  the  council  their  fees  for  the  precedent  years 
only  excepted.) 


ACT  IX. 

WHEREAS  the  estates  of  the  deceased  persons  in 
this  collony  have  been  much  wronged  by  the  great 
charge  and  expences  which  have  been  brought  in  by 
the  administrators  thereof  by  pretence  of  their  attend- 
ance at  James  Cittye  and  the  distance  of.  their  habita- 
tions from  thence,  ffur  remedy  tvhereof,  and  because  the 
abuses  may  bebetter  knowne  and  presented  in  the  place 
where  the  decedent  dwelt  and  the  estates  belonging  to 
orphans  and  absent  men  may  be  better  conserved,  Be 
it  enacted,  That  all  administrations  shall  be  granted  tt 
the  county  courts  where  such  person  or  persons  did  re- 
side or  inhabitt,  And  all  prohats  of  wills  there  made 
and  the  wills  recorded  together  with  the  appra'rsments. 


NOVEMBER,  1645— 20th  CHARLES  1st.  303 

inventories   and  acco'ts.  belonging  to  the  same  there  tifytothe 

examined  and  allowed,  And  accordinglie  as  the  comis-  "Jjf*"'** 

«...  in  •         omce  lor  a 

sioners  of  the  said  county  courts  shall  see  cause,  to  give  qi,ietus  of 

certificate  to  the  secretaries-office  at  James  Citty  for  a  adnrin'n. 

quietus  est  to  be  given  to  the  administrators  of  course,  ^"'"obe"" 

and  likewise  that  all  such  administrations  being  granted  sentup  to 

and  made  there,  be  sent  vp  to  the  said  office  to  be  ex-  James  City 

empiified  vnder  theseale  of  the  collony.  rmedwt&e* 

—— .  the  seal  of 

ACT  X.  theco,°ny 

WHEREAS  the  great  distance  of  many  parts  of     County 
this  collony   from  James  Citty  hath   occasioned  much  j^ve'L^s- 
trouble  and  charge  to   the  inhabitants  by   their    fre-  diction  of  all 
quent  repair  thither  for  the  dispatch  of  their  buisnes  in  causes  at 
suits  of  law,  it  is  thought  jil  and  accordinglie  enacted,  ^™"  '* 
that  all  causes  of  what  value  soever  between  party  and  ty. 
party  shall  be  tryed  in  the  countie  courts  by  verdict  of  Jur<es>  now 

•      •     ••-    *^l  i     ii     i  -^        i  •    l    •  i     ii    empannell- 

a  june  il  either  party  shall  desire  it,  which  jurors  shall  r(]  r 

be  chosen  of  the  most  able  men  of  the  county  who  shail  To  consist  of 

of  course  be  empannelled  by  the  sherrifT  for  that  pur-  tl,e  n,ost  able 

i  •/  ^  men. 

pose:  but.  if  the  defendant  before  the  hearing  of  the  Deft;  before 

cause  shall  desire  releife  in  equity,  and  to  be  heard  in  the  trial  may 

way  of  chancery,  then  the  proceedings  by  the  way  of  g^u"^ 

jury  at  common  law  shall  be  stayed  vntil  the  other  par-  the  trial  at 

ty  have  answered  the  particulars   of  his  petition  vpon  kwsuspend- 

oath  and  the   cause  heard  accordingly  :  Vpon  which  C8U(6e  for  re. 

hearing,  The  eomissioners  shall  either  proceed  to  make  liei  inequity 

a  final  end,  or  decree  in  the  said  cause,  or  else  finding  !he  s,uf ,0 

,  -       ,    .c     .  .  .  ,     ?    be  remitted 

noe  such  cause  of  releife  in  eqintie  as  was  pretended,   tothecom- 
then  to  remit  the  cause  J^ck  againe  to  be  tryed  by  ajiv   mon  law  side 
rv  as  aforesaid  :   And  the  jurors  to  be  kept  from  food   «f  the  con". 

~    i        i    -c      -ii  i  •  t  Jurors  to  be 

and  releife  till  they  have  agreed  vpon  their  verdict  ac-  kept  from 

cording  to  the  custome  practised  in  England,  Also  it  food,  fac. 

shall  be  lawful!  for  any  person  or  persons  haveing cause  ^^x„ 

of  equity  to  take  out   sumons  vnder  the  hand  of  one  of  how  com 

the  eomissioners  of  the  quorum  in  way  of  subpoena  to  rnenced. 

be  entred  in  the  Clerkes  booke,  commanding  the  ap-  Bill  or  pnti 

pearance  of  any  person  or  persons  to  answer  the  com-  tion  to  be 

plaint  of  the  pit.  who  sV all   exhibitt  his  petition,   to  exl,,l)lted- 

which  the  defendant  shall  be  bound  to  answer  vpon  Answer  on 

oath  a*  aforesaid,   And  the  court  is  hereby  authorized  oat,» 
to  appoint  such  times  and  orders  as  they  shall  think  fitt 

fTor  the  hearingof  all  the  aforesaid  chancery  causes,  Be  Record* to 

it  alsoe  enacted,  That  the  clerkes  of  the  courts  shall  btfkwx 


304 


LAWS  OF  VIRGINIA, 


Depositions, 
r«w  taken. 


from  time  to  time  keep  records  of  the  proceedings  of 
all  actions  and  causes  aforesaid,  and  noe  depositions 
shall  be  taken  but  in  court,  or  before  two  of  the  comis- 
sioners  the  pit.  and  defend't  being  present  or  some  ap- 
pointed by  the  said  pit.  and  deft. 


Judgment 
may  be  con- 
fessed out  of 
court  by  ac- 
knowledg- 
ment in  writ- 
ing. 


ACT  XI. 

BE  it  also  enacted  for  the  lessening  of  expense  and 
trouble  in  courts,  Thai  if  any  person  or  persons  will 
acknowledge  vnder  his  or  their  hand  or  hands  a 
judgment  for  his  or  their  just  debt  or  debts,  and  the 
same  be  entered  by  the  clerke  of  the  county  court  be- 
fore one  of  the  comissioriers  of  the  quorum  in  a  booke 
to  be  kept  for  that  purpose,  Then  such  judgment  shall 
to  be  equally  binding  if  given  by  the  court,  and  execu- 
tion to  issue  accordingly,  And  the  clerkes  fee  for  en- 
tering such  judgments  to  be  tenn  pounds  of  tobacco  h 
for  an  authenticail  coppie  thereof  four  pounds  of  to- 
bacco. 


ACT  XII. 


Grand  juries 
to  be  empan- 
nelled  at 
midsummer 
and  March 
co'ty  courts. 


BE  it  also  enacted,  That  at  midsumer  and  March 
courts  a  jury  shall  be  empanelled  in  the  severall 
county  courts,  to  attend  the  said  courts,  to  receive  all 
presentments  and  informations,  and  to  enquire  of  the 
breach  of  all  penal  laws  and  other  crimes  and  misde- 
meanors not  touching  life  or  member,  to  present  the 
same  to  the  court,  who  are  to  determine  thereof,  or  else 
if  they  shall  see  cause  totransmitt  the  same  to  the  Go- 
vernour  and  Council. 


Appeals  to 
lie  as  former- 

iy. 

Judgment  in 
one  county, 
how  execution 
to  issue  in 
another. 


ACT  XIII. 

BE  it  alsoe  enacted,  That  appeales  shall  lie  from 
county  court*  to  quarter  courts  and  from  quarter 
courts  to  assembly  as  formerly  hath  been  vsed,  And  a 
judgment  being  entred  in  any  of  the  county  courts  and 
certified  vnder  the  clerks  hand  into  any  other  county, 
execution  shall  there  issue  as  if  judgment  had  been  gi- 
ven in  the  same  countv. 


NOVEMBER,  1645— 20th  CHARLES  1st. 


305 


ACT  XIV. 

WHEREAS  die  former  course  in  awarding  20  in 
the  hundred  for  default  of  appearance  hatli  been  found 
inconvenient,  It  is  thought  fitt  that  the  same  be  re- 
pealed, and  in  stead  thereof,  Be  it  enacted,  That  all 
sheriffs  shall  take  sufficient  bayle  of  all  persons  arrest- 
ed, with  this  condition  to  bring  forth  the  body  of  the 
party  arrested  or  perform  the  award  of  the  court,  And 
if  the  sherrirf  shall  neglect  to  take  sufficient  bayle  of 
the  party  arrested,  or  otherwise  consent  to,  or  because 
of  his  escape,  Then  the  said  sheriff  shall  bee  liable  to 
pay  the  award  of  the  court  himselfe,  But  if  the  party 
arrested  shall  not  appear  to  answer  the  suit,  bayle  being 
given,  then  judgmentshall  he  awarded  against  the  bayle, 
And  the  bayle  soe  condemned,  (if  it  be  required)  shall 
;hen  have  an  attachment  against  the  estate  of  the  party 
soe  arrested  not  appeariuge,  And  the  court  following 
judgment  therevpon  :  Allwaies  provided  that  if  the  said 
bayle  att  the  next  court  after  the  first  impleading  do 
bring  forth  the  body  or  sufficient  goods  of  the  party  soe 
arrested  to  satisfie  the  award  of  the  court,  The  bayle 
shall  be  then  acquitted,  And  the  said  comissioners 
shall  be  precisely  tied  to  keep  the  days  appointed  for 
their  meeting  by  former  act  of  Assembly,  and  for  no 
cause  to  alter  the  same,  But  it  shall  be  lawfull  for  the 
comissioners  to  hold  courts  att  other  times  if  occasion 
require,  And  it  shall  be  in  the  power  of  the  Govern- 
our  to  appoint  and  nominate  the  clerkes  of  the  county 
courts  and  their  ffees  for  enteringe  of  all  actions  above 
the  value  of  1600  lb.  of  tob'o.  or  £10  sterl.  as  alsoe 
for  all  other  things  which  before  this  act  belonged  to 
the  secretaries  office  provided  they  exceed  not  the  ffees 
formerly  allowed  by  act  of  Assembly, 


Former  law 
awarding  da 
mages  for 

Don  appear- 
ance of  deft, 
repealed. 
SherifVto 
take  bail  on 
arrests  or  be 
liable  to  the 
judgment  of 
the  court. 
If  the  deft, 
fail  to  ap- 
pear, judg- 
ment to  be 
entered 
against  the 
bail. 

Bail  may 
have  an  at 
tachment 
against  the 
principal ;  or 
be  discharg- 
ed by  surren- 
dering him 
at  the  next 
court  or  pro- 
ducing suffi- 
cient of  his 
goods. 
Courts  to  be 
punctually 
held  on  the 
days  appoint 
ed. 
Extra  courts 

Clerks  of 
co'ty  courts, 
how  appoint 
ed. 
Their  fees 


ACT  XV. 


WHEREAS   the  anncient  and  vsual  taxing  of  all  General  poll 
people  of  this  collony  by  the  pole,  equally,   hath  been  taxes  abo- 
found    inconvenient  and  is   become  insupportable  for     S1<?< 
the   poorer  sorte   to  beare,  This    Assembly  haveing 
taken  it  into  considerations  have  for  their  releife  here- 
after thought  fitt  to  alter  the  same:  Be  it  therefore  en- 
acted, That  all  publique  leavies  and  county  leavies  be 

2  P 


JOt> 


LAWS  OF  VIRGINIA, 


Tax  on  pro- 
perty Si  titli- 
ables. 


When  h  how 
lists  of  taxa- 
ble property 
and  lands  to 
be  taken. 


raised  by  equall  proportions  out  of  the  visible  estates 
in  the  collony,  The  conformity  of  the  proportions  to 
be  as  followeth,  (vizt.) 


One  hundred  acres  of  land  at 
One  cow,  3  years  old  at 
Horses,  mares  and  geldings  at 
A  breeding  sheep  att 
A  breeding  goate  at 
A  tithable  person  at 


04  lb.  tobacco, 

04 

32  a  peece. 

04 

02 

20 


And  for  the  better  effectinge  thereof,  Be  it  enacted* 
That  b}'  the  25th  of  June  next,  a  list  be  taken  by  some 
to  be  appointed  for  that  purpose  by  the  county  courts 
in  each  county  of  all  tithable  persons,  of  all  cowes  above 
3  yeare  old,  of  all  horses,  mares,  and  geldings  of  3years 
old  and  vpwards  and  of  all  breedinge  sheepe  and  goats 
in  like  manner,  and  that  such  lists  be  taken  yearly  at 
the  same  time  (vizt.)  the  25th  of  June  and  sent  vnto 
the  secretaries-office,  Likewise  that  the  treasurer  shall 
yearly  give  in  an  account  to  the  said  office  of  all  the 
particular  parcells  of  land  in  each  county  at  the  same 
time  of  the  25th  of  June,  soe  that  by  this  means  the 
quanlitye  of  land,  tithable  persons,  horses,  marcs,  geld- 
ings, cowes,  sheepe  and  goats  may  be  knowne  in  each 
county  and  consequently  the  total!  in  the  county,  which 
done,  and  the  publique  taxe  knowne  to  the  Assembly, 
the  abovesaid  proportions  shall  be  augmented  or  dimi- 
nished as  occasion  shall  require. 


Writs  for- 
merly issued 
in  the  name 
of  the  govern- 
or to  issue 
under (he 
seal  of  office. 


ACT  XVI. 

WHEREAS  the  Governor's  vrgent  occasions  will 
not  permit  him  to  reside  continually  at  James  Citty 
and  that  in  his  absence  no  writ  can  issue  forth,  It  is 
thought  fitt  and  accordinglie  enacted,  That  all  writs 
shall  issue  out  of  the  office  vnder  the  seale  as  at  this 
present  they  do,  and  since  the  Governor's  goeing  the 
last  march  have  done, 


Quit  rents  to 
be  applied 
first  to  the 


ACT  XVII. 

ACCORDING  to  his  ma'ties.  gracious  bounty  to 
this  collony,  expressed  in  his  late  royal  letters,  Be 
it   enacted  by  the   Governor,  Council  and  Burgesses. 


NOVEMBER,  1645— 20th  CHARLES  1st, 


307 


of  this  present  Grand  Assembly  that  all  the  quitt  rents  payment  of 
for  land  due  to  his  majesty  in  this  collony  be  disposed   thf treasuf- 
as  followeth  (vizt.)  ffirst  allowing- to  the  treasurer  for  and  then  to 
the  time  being   his   salary  of  £.  500  per.  ann.  as  the  be  disposed 
revenues  shall  amount  thereto,  and  then'vvhat shall  arise  "  b/J}\c  gen 
by  surplussage  the  aceompt  thereof  to  be  presented  to 
the  Governor  and  Council  and   then  to  be  disposed  of 
by  the  Assembly  as  they  shall  think  fitt, 


ACT  XVIII. 

WHEREAS  the  earnest  prosecution  of  the  present  The  ten  men 
warrs    hath    subjected    this    collony  to  an    excessive  ofeachcoun- 
charge   wherein    all    persons    whatsoever   inhabiting  £'e  tempted 
within    this  colony   ought   equally   to  be   ingaged  in  during  the 
respect  the  preservation  of  all  depends  therevpon,  and   present  war. 
that  the  warr  is  conceived  to  be  a  defensive  warr  where- 
in those  of  the  Council  are  by  his  ms'ties  instructions 
equally  ingaged  with  the  rest  of  the  collony  :  Be  it  there- 
fore enacted,  That  those  of  the  Council  aforesaid  shall 
noe  longer  exempt  their  tenne  men  a  peece  from  the 
charge  of  the  said  warr  but  shall  equally  contribute  with 
the  rest  of  the  inhabitants,  in  all  charge  expended  here- 
in both  for  this  present  yeare  and  all  the  time  that  the 
said  warr  shall  continue,  excepting  onely  the  fourteens 
alreadie  agreed  upon  in  the  countys,  which  they  are 
cleered  from,  in  respect  of  what  is  allreadie  done  there- 
in cannot  be  altered  orintermedled  with  without  much 
trouble.  • 


ACT  XIX. 

WHEREAS  it  is  to  be  desired  that  all  manufactors 
should  be  sett  on  work  and  encouraged  in  this  col- 
lony, Be  it  enacted  hereby,  That  all  exportation  of 
hides  Si  leather  be  forbidden,  vpon  penaltie  of  the  for- 
feiture of  double  the  value  of  any  hides  and  leather  soe 
exported  out  of  the  collony,  and  the  stay  of  any  such 
vessel  or  vessels  in  which  any  of  them  shall  be  found, 
The  halfe  of  which  forfeiture  shall  be  to  die  king  :  the 
other  halfe  to  the  informer. 


Exportation 
of  hides  and 
leather  pro- 
hibited. 


309 


LAWS  OF  VIRGINIA 


Coins  intro- 
duced. 


Spanish  pie- 
ces of  eight 
rated  at  6s. 
each,  and 
other  Spa- 
nish coin* 
proportion- 
ably. 

Copper  coins. 


Tobacco  no 
longer  a  cir- 
culating me- 
dium. 
Penalty. 


Copper,  how 
to  be  procur- 
ed. 


lobs  coined 
in  2d,  3d,  6d 
&.  9d  pieces. 
If  called  in 
and  become 
not  current 
the  republic 
to  make  it 
p,ood. 

Connterfeits, 
how  guarded 
against. 


ACT   XX. 

THE  Governor,  Council  and  Burgesses  of  this 
present  Grand  Assembly  having  maturely  weighed  &. 
considered  how  advantageous  a  quoine  current  would 
be  to  this  collony,  and  the  great  wants  and  miseries 
which  do  dally  happen  vnto  it  by  the  sole  dependency 
vpon  tob'o.  have  at  length  resolved  and  enacted,  and 
be  it  by  the  aathoritie  aforesaid  enacted  as  the  onely 
way  to  procure  the  said  quoine  and  prevent  the  further 
miseries,  That  all  peeces  of  eight  in  Spanish  money  be 
valued  and  taken  in  payment,  att  the  rate  of  sixe  shil- 
lings and  all  other  Spanish  silver  quoines  proportiona- 
lly which  shall  be  brought  into  the  collony :  And  where- 
as it  is  conceived  that  the  said  quoine  will  not  continue 
with  vs  vnless  we  have  a  leger  quoine,  Therefore  seri- 
ous consideration  had  of  the  many  wayes  tending  to  that 
effect,  Itwasat  length  generally  allowed,  Thata  quoine 
of  copper  would  be  the  most  beneficial  to,  and  with  most 
ease  procured  by  the  collony,  And  that  after  proclama- 
tion made  by  the  Governour  and  Council  that  all  per- 
son or  persons  within  this  collony  whether  merchants 
or  others  do  desist  or  leave  offtradeing  for  tob'o.  vpon 
the  penaltie  and  forfeiture  of  the  thing  so  bought  or 
sold,  The  one  moyetie  whereof  shall  be  and  come  to 
the  informer,  and  the  other  to  the  benefit  of  the  state. 

The  quoine  to  be  erected  after  this  manner. 

J  0000  lb.  of  copper  to  be  bought  by  the  publique  at  the 
rate  of  18d.  per  lb.  which  amounts  to  £7  50  sterl.  which 
to  be  paid  in  tob'o.  at  the  rate  of  Id.  l-2d.  per  lb. 
120000  of  tob'o.  which  being  collected  per  pole  accoun- 
ting 5000  persons  in  this  collony  it  comes  to  24  lb  of 
tob'o.  per  pole  every  pound  of  copper  to  make  20s.  and 
to  allow  for  the  mintage  12d.  per  pound  soe  there  will 
remaine  £9500  sterl.  The  mintage  allowed  and  de- 
ducted. The  stocke  to  be  equallie  divided  amongst 
the  adventurers  to  be  quoined  in  two  pences.  three  pen- 
ces,  sixe  pences  and  nine  pences,  And  if  it  shaH  happen 
at  anytime  hereafter  that  the  aforesaid  quoine  be  called 
in  and  become  not  currant,  Yet  the  republique  shall 
make  good  the  quantity  of  so  much  (vizt.)  £,  10000 
to  he  levied  per  poll,  And  that  it  may  be  provided  that 
this  quoine  may  not  be  counterfeited  and  brought  in 
Beside  the  inflicting  of  capitall  punishment  vpon  these 


NOVEMBER,  1645— 20th  CHARLES  1st.  309 

who   shall  be    found  delinquents  therein,  That  vppon   Devices, 
every  peece  of  coyne  there  be  two  rings.  The  one  for 
the    motto,  The   other  to   reeeave    a  new  impression 
which  shall  be  stampted  yearly  with  some  new  ffigure, 
by  one  appointed  for  that  purpose  in  each  county,  And 
that   the  hon'ble.  Sir  William  Berkeley,  Kut.  Govrir. 
shall  have  the  disposall  and   placing  of  such  and  soe 
manie  officers  as  shall  be  necessarilye  required  for  per- 
ibrming    and  finishing   the   aforesaid    service,  Onely   M'nt  master 
Capt.  John  Upton  is  hereby  confirmed    Mint  Master  »enera 
Generall:   Wee  reposing imuch  confidence  in  his  care, 
ability  and   trust  for  the  performance  of  the  said  of- 
fice. 

The  Assembly  is  prorogued  vntill  the  ffirst  of  March  Prorogation 
next,  and  then  a  full  meeting  to  be  had  concerning  of  nssembbr- 
the  same. 


[MARCH,  1645-6— SECOND  SESSION.faJ} 


war- 


ACT   I. 

WHEREAS  it  was  enacted  at  a  Grand  Assembly  church 
bearing  date  the  second  of  March  1642,  concerninge  dens  to  pre 
the  church  governmeot,   That  the  church-wardens  of  s^' certal" 

c  oitcnccs  not 

every  parish  respectively  should  deliver  in  a  true  pre-  only  from 
sentment  in  writeing  of  such  misdemeanors  as  to  their  their  ovvn 
knowledge    have  been   comitted  the  yeare  before,  in   b^from'm- 
that  time  whilst  they  were   church-wardens,  Namely  formation  of 
swearing,   prophaning  God's  name  and  his  holy  Sab-  °thers. 
baths,  abuseing  his  holy  word  and  comandments,  con- 
temning his  holy  sacraments  or  any  thing  belonging  to 
his  service  or  worship,  It  is  now  further  enacted  by  this 
present  Grand  Assembly,  That  the  said  church  wardens 

[a]  The  words  included  thus  [  ]  have  been  introduced  by  the 
Editor  ;  because  this  is  evidently  a  second  session  of  the  Grand  As- 
sembly, as  appears  not  only  from  the  prorogation  above  mentioned, 
but  from  the  circumstance  that  several  of  the  acts  of  this  session 
^[<t:ak  of  those  of  November,  1645,  a;  of  the  "first  sessions."  See 
ort  VII  and  VIII  of  this  collection 


310 


LAWS  OF  VIRGINIA, 


shall  not  onel  v  present  their  knowledge  of  the  said  mis- 
demeanors, but  all  persons  of  evil  flame  for  the  said  of- 
fences. 


Adultery , 
whoredom, 
fornication  & 
drunkenness 

to  be  present- 
ed by 

chinch  war- 
dens. 

For  neglect 
to  bn  lined  by 
co'ty  courts. 


Courts  neg-- 
lectin;',  to  be 
fined  by  gov. 
and  council. 


Fonner  lmv 
repealed. 


ACT  II. 

WHEREAS  also  by  the  5th   article  of  the  said  act 
it  was  likewise  enacted,  That  if  any  person  or  uersons 
of  what  degree  or  condition  soever  should  abuse  them- 
selves with   the  high   and  fowle  offences  of  adultery, 
whoredom  or    fornication  or  with  the  loathsome  sinne 
of  drunkeness  in  the  abuse  of  God's  creatures,  that  of 
those   and   ever}'    of  those  the   said  church-wardens 
should  make  a  true  presentment.     It  is   now  further 
enacted,  That  if  any  church-warden  shall  faile  in  the 
makeingof  their  due  presentments  to  the  county  courts 
respectively  that  the    comissioners  do  impose  a  mulkt 
or   ffine  for  all  and  every  such  neglect ;  And  in  case 
the  comissioners  shall  be  remiss  in  imposeing  a  mulkt 
or  fine  vpon  the  church-wardens   soe  neglecting  or  in 
punishing  offenders  after  presentation  according  to  the 
meritt  of  the   cause,  that  then  the  comissioners,  vpon 
complaint  made   shall  be  finable  att  the  discretion  of 
the  Governour    and  Council,  and  that  the  7th  article 
of  the  first  act  of  the  17th  Feb.  ]644*  concerninge  the 
punishment  of  the    negligence  of  church-wardetis  be 
from  henceforth  repealed. 


U  t  thud  of 
Oct.  164-1, 
confirmed, 

<vith   mi 
amendment. 


ACT  III. 

WHEREAS  it  was  enacted  at  a  Grand  Assembly 
held  the  2d  of  8br.  1644,  That  the  charges  &,  ffees  of 
the  King's  prisoners  should  be  defrayed  by  the  severall 
countys  respectively  where  such -prisoners  shall  be  ap- 
prehended in  case  the  said  prisoners'  should  be  found 
guilty  and  if  not  guilty  that  then  they  should  bear  their 
owue  charges  ;  and  the  same  should  continue  in  force 
till  the  next  Assembly,  This  present  Grand  Assembly 
to  all  intents  and  purposes  do  confirm  the  said  act  with 
this  addition  and  proviso,  that  any  of  his  ma'ties 
prisoners    being    found    guilty    of    any    accusation 


*  Act  VT  of  Feb.  1644-5. 


MARCH,  1645-6— 21st  CHARLES  1st.  31J 

not  tending  to  his  life  shall  beare  his  owne  charges  Sc 
discharge  the  flees,  any  thing  in  that  act  to  the  contra- 
ry notwithstanding. 


ACT  IV. 

WHEREAS  it  was  enacted  by  the  6th*  act  of  the  Act  of  Oct. 
Grand  Assembly  held  the  2d  of  October,   1644,  That   l«4explaio 
all   charges  and  disbursments  for    the   cure   of  hurt  ei 
men  and  horses,  for  boats  lost  or  damnified,  boats  hire, 
provision,   or  ammunition  imployed   in   the  publique 
service,  or  any  other  charge  therein  accrewing,  should 
be  presented  to  the  severall  county  courts  where  they 
who  have  expended  any  such  charges  did  then  reside, 
and  that  the  comissioners  should  allow  what  they  con- 
ceived reasonable  and  raise  particular  levies  in  the  said 
severall  counties  for  satisfaction  thereof  to  be  made  to 
the  disbursers,   and   that  the  said  act  should  continue 
till  the  next  Assembly,  Be  it  now  enacted  for  explana-  Soldiers 
tion  of  ihe  said  act  and  in  stead  thereof  That  what  pressed  for 
soldiers   shall  be  pressed  for  the  publique  service,  In   P.UDl,cse»- 
case  they  shall  be  hurt  or  maymed  vptn  the  service,  wounded, 
the  county  from  whence  the   soldier  was -pressed  shall  how  provide 
take  care  and  defray  the  charge  of  his  cure,  and  in  case       lor' 
of  mayme  thereby  disabling  him  from  labor,  That  the 
countyes  respectively  shall  take  care  for  the  mainte- 
nance of  such  soldiers  at  the  discretion  of  the  comissi- 
oners who  are  hereby  authorized  to  raise  leavies  ia 
the  counties  for  the  aforesaid  vses,  And  this  to  conti- 
nue during  the  warr  :    And   that   the  11th  act  of  the 
said  Assembly   concerning  the  provision   for  maymed 
soldiers  be  from  henceforth  repealed. 


ACT   V. 

Masters  of 

WHEREAS  it  was  enacted  the  12th  of  June,  1641,  JjJ^Jf 

and   continued    by    an   act   17th  of  February  1644,  their  <-hii- 

That  all  ministers  should  preach  in  the  forenoon  and  dreniobein- 

catechise  in  the  afternoon   of  every   Sonday,   And  in  catechised 

case  they  should  faile  soe  to  doe,  that  then  thpy  forfeit  by  the  miois- 

_____   *  ter,  how 

•Arranged  an  act  IV  in  this  collection  punishable 


m2 


LAWS  OF  VIRGINIA, 


The  9th  act 
of  1642  re- 
pealed h  the 
5th  act  of 
Nov.  1645, 
concerning 
fort  duties, 
made  perpe- 
tual. 


500  lb.  of  tob'o.  to  be  disposed  off  by  the  vestry  tor 
the  vse  of  the  parish  :  Be  it  now  further  enacted,  That 
all  masters  of  ffamilies  vpon  warning  given  by  the  mi- 
nisters in  the  severall  places  where  they  shall  officiate, 
do  cause  their  children  and  servants  to  repaire  to  the 
places  appointed  to  be  instructed  and  catechised  as  a- 
foresaid  vpon  the  like  penaltie  that  is  imposed  on  the 
minister,  in  case  of  his  defeult,  to  be  disposed  as  afore- 
said, vnles  sufficient  cause  be  shewn  to  the  contrary. 


ACT  VI. 

BE  it  enacted  by  this  present  Grand  Assembly  and 
the  authoritie  thereof  that  the  12th*  act  of  the  Grand 
Assembly  held  the  2d  of  March,  1642,  concerninge 
the  payment  of  powder  and  shott  &ic.  by  the  mas- 
ters of  ships  to  the  ffort  be  repealed,  and  that  the  5thf 
act  of  the  first  sessions  of  this  Assembly  be  and  remaine 
in  full  force  power  and  vertue. 


ACT  VII. 


Act  6th  of 
Nov.  1645, 
limiting  ac- 
tions on  ac- 
counts and 
book  debts  to 
9  months 
not  to  extend 
to  certain 
officers  of 
ourt 


Secretary, 

tlerk  k.  she- 
riff to  give 
•  red  it  and 
their  fees  re- 
coverable. 


WHEREAS  by  the  6th  act  of  the  first  sessions  of 
this  present  Grand  Assembly,  It  was  enacted  for 
the  avoiding  of  many  vexatious  suits  which  have 
happened  in  the  collony  by  accepting  ofaccompts 
and  broken  debts,  which  indeed  were  "not  justly  due, 
that  no  booke  debts  or  accounts  should  be  pleadable  in 
any  court  of  justice  within  this  collony,  after  9  months 
after  this  instant,  March,  without  specialty  or  writeing 
vnder  the  hand  or  hands  of  such  person  or  persons  that 
shall  be  impleaded  for  the  same  vnles  a  suit  be  com- 
menced, and  a  declaration  entred  and  fyled  in  the  coun- 
ty court  where  the  defend't  liveth  within  the  said  nine 
months,  Provided  that  the  said  act  should  only  extend 
to  such  debts  as  should  be  made  within  the  collony,  It 
is  now  further  enacted,  That  is  respect  of  the  necessi- 
tie  of  the  collony.  for  want  of  a  coine,  That  officers 
belonging  to  the  courts  of  justice  as  the  secretary,  clerke 
and  sheriffs  should  give  credit  for  dispatches  belong- 


*  Act  IX.  in  this  collection, 

f  Ante  pa.  301  arranged  as  act  V.  of  Nov.  164&. 


MARCH,  1645-6— 21st  CHARLES  1st. 

ing  to  and  executing  their  offices  and  places,  And  that 
their  accounts  for  execution  of  their  places  be  pleada- 
ble and  recoverable,  any  thing  in  this  act  to  the  con- 
trary notwithstanding. 


313 


ACT  VIII. 

BE  it  enacted  by  the  present  Grand  Assembly,  That  The  61st  act 

the   74»h*    act  of  the  Grand   Assembly  held  the  2d  °fl«42c<m- 

of  March,  1643,  lycenseiug  attorneys  bee  from  hence-  tomies" 

forth  repealed,  and  that  the  7th  act  of  the  first  sessions  repealed  and 

of  this  present  Grand  Assemblie  be  in  full  force  and  Jjjv7t,h«5£  of 

power.  made  perpe- 

ACT  IX. 

WHEREAS  it  was  enacted  by  the  8thf  act  of  the  jhe  8tj,  act 
iirst  sessions  of  this    present    Grand  Assembly,  That  of  last  session 
no  sherrifF  should    be  compelled  to  receive  any  debts  a,nended- 
or  frees  of  clerkes  or  fferrymens'  wages  or  ffees  of  any 
other  officers,  which  do  not  properly  belong  to  then- 
places,  The    secretaries  and    the   clerke  of  the  coun- 
cil's  flees  for  the   precedent  years   onely   excepted, 
which  act  was  grounded  vpon  the  hopeful  expectation 
of  a  currant  coyne,  to  be  made  in   the  collony,  which 
cannot  be  soe  readily  effected  as  was  then  expected, 
Wherefore  this  present  Grand  Assembly  have  thought 
fitt  and  accordingly  enacted.  That  the  sheriffs  be  com-   What  {ees 
pelled  to  collect  the  secretaries  and  clerke  of  the  coun-  sheriffs  to 
cil  ffees,  and  the  clerke  or  clerks  belonging  to  the  Go- 
vernour  and  Council  as  formerly,  But  that  they  shall 
not  otherwise  receive  the  clerks  of  county  courts  their 
ffees  or  fferymens'  wages  without  an  allowance  or  sala- 
ry for  their  paines,  And  this  act  to  continue  in  force 
till  there  be  an  allowed  coine  made  in  the  collony,  any 
thing  in  the  said  act  to  the  contrary  notwithstanding. 


collect. 


Continuance 
of  this  act. 


ACT  X. 

WHEREAS  by  a  certaine  clause  in  the  Xth  act  of  Allowance  to 
the     first    sessions    of  this    present    Grand    Assem-  jurors, 
bly  concerning  the  county  courts  proceedings  it   was 


"   Act  LXI.  of  this  collection 
+  Act  VIII.  of  this  collection  a! 

2Q 


H4 


LAWS  OF  VIRGINIA, 


Their  de- 
meanor. 


then  and  there  enacted,  that  all  causes  of  what  value 
soever,  should  be  tried  in  the  county  courts  by  the  ver- 
dict of  a  jury  (if  either  party  should  desire  it,  except 
what  is  there  excepted)  It  is  now  further  enacted  by 
this  present  Grand  Assembly  that  all  such,  either  pits, 
or  defend'ts  who  shall  desire  jurors,  to  decide  their 
causes  or  differences  shall  pay  and  allow  vnto  the  said 
jurors  72  lb.  tob'o.  per  cause,  And  that  during  the 
time  they  shall  be  debatinge  the  cause  of  such  ph.  or 
defendant  (after  their  charge  delivered  them  by  the 
board)  neither  pit.  or  defendant  shall  have  priviledge 
to  be  admitted  to  them  or  entertained  in  discourse 
concerning  the  cause  in  tryall. 


ACT  XI. 


a  a  of  .Feb. 
3644-5,  con- 
cerning dis- 
counts and 
set-offs  made 
perpetual 


No  assign- 
ment of  oil's, 
&c.  to  be 
made  with- 
out the 
knowledge 
of  both  par- 
ties. 


WHEREAS  it  was  enacted  by  the  9th*  act  of  As- 
sembly held  the  17th  ffebruary,  1644  for  avoiding 
many  causeless  suits  of  law,  That  where  any  suit 
shall  be  comenced  either  in  quarter  court  or  coun- 
ty court,  that  if  the  deft,  had  either  bill,  bond  or  ac- 
compt  of  the  pits,  wherein  he  proved  him  debtor,  That 
in  such  cases  the  courts  should  ballance  acco'ts.  consi- 
deration being  had  and  allowance  given  to  the  pit.  for 
his  charges  who  first  began  his  suit,  as  also  to  the  time 
when  such  bills,  bonds  and  acco'ts.  were  due ;  to  be 
compared  to  the  accomptin  ballance,  And  that  the  said 
act  should  continue  in  force  till  the  next  Assembly3 
This  present  Grand  Assembly  to <  all  intents  and  pur- 
poses doth  confirm  the  said  act,  Provided  that  no  bills 
or  acco'ts.  whatsoever  be  passed  or  assigned  over  with- 
out the  knowledge  of  both  parties. 


ACT  XII. 


Xhe  19th  act 
of  the  last 
session  re- 
pealed. 


BE  it  enacted  by  this  present  Grand  Assembly  that 
the  19th  act  of  the  first  sessions  of  this  present  Grand 
Assembly  prohibiting  the  transportation  of  hides 
and  leather  out  of  the  collony  be  from  henceforth  re- 
pealed and  made  void. 


frcl  \V  r  of  tins  eolfectien 


MARCH  1645-6— 21st  CHARLES  1st. 

ACT    XII I. 

BE  it  enacted  for  the  defence  of  the  inhabitants  on  Fort  Henry, 
the   southside   of  James    River  and   the  prevention  of  attl,e  fal,s  of 
the  great    releife    and    subsistence  to  the  Salvages  by  toTeeVected 
ffishing  in  Bristull  alias  Appom attocke  River,  as  also  for 
the  cutting  down  their  come  or  performeing  any  other 
service    vpon   them,  That   there    be   a  ffort  forthwith 
erected,  att  the  Falls  of  the  said  Appomattock   River, 
nominated  fforte  Henry,  and  forty-five  soldiers  raised  &  garrisoned- 
from  the  inhabitants  from  Basses  choyce  vpwards,  in- 
cluding the   said   Basses   choice:  All  which  soldiers  Nuraberof 
are  to   bee    raised  by  the  Leu'ts.  and  deputy  Leu'ts. 
within  the  said  lymitt  either  by  presse  or  otherwise  as 
the  Leu'ts.  and  deputy  Leu'ts  shall  think  fitt,  from  the  How  raised 
inhabitants  resideing  within  the  said  precincts  propor- 
ttonably,  that  is  to  say,  Henrico  3,  Charles  Citty  12, 

James  Citty  15,  Isle  of  Wight  15,  which  said  Leiuet's   Arta^fcc 

i  j         .      t       i  ,,       .i.i         •  how  obtain 

and  deputy  Leu  ts  are  authorized  to  leavie  amies,  am-  eii 

munition  and  all  other  things  necessary  for  the  service, 
as  well  for  the  building  of  the  ffort  as  otherwise:  And 
it  is  further  enacted  that  the  inhabitants  within  the  low- 
er parish  of  Isle  of  Wight  county  and  the  Vpper  and 
Lower  Norff.  counties  do  vndertake  the   warr  against 
the  Nausimum  Indians,  or  any  other  neighbouring  In- 
dians, by  cutting  vp  their  corne  and  doing  or  perform-  War  againsi, 
ing  any  act  or  acts  of  hostility  against  them.  And  that  the  Nansi- 
they  have  power  (if  it  be  thought  fitt  by  the  Lefts,  and  I";"™1"" 
deputy  Lefts,  within  the   said  countie)  to  erect  a  forte 
within  the  said  countyes,  And  it  is  further  thought  fitt,   Howlhee*. 
that  the  charge  of  the  said  warr  in  ail  the  aforesaid  ly-  Pe!n*e  ,0  l,e 
mitts  he  leavied  proportionally  from  the  inhabitants  of  F>a 
the  south  side  of  James  River,  And  that  the  same  sa-  Fayof  offi- 
iary  be  allowed  to  the  officers  respectively  of  the  flbrt  ^ir(sofll,e 
Henry  that  the  officers  of  the  fortes  on  the  north  side 
of  the  river  had  and  enjoyed  the  last  year  by  vertueof 
the  3d  act  of  the  17th  of  fleb:  1644,  with  the  like  pri- 
viledge  to  the  Capt.  to    elect  his  inferior  officers,  And    Surgeon  to 
that  the  Leu'ts.  and  dept.  Leu'ts.  do  take  care  to  pro-  bc  employed. 
'ide  a  sufficient  chirurgeon  for  the  said  forte. 


;u 


LAWS  OF  VIRGINIA, 


Quit  vents 
receivable  in 
tobacco  at 
3d.  per  lb. 


ACT  XIV. 

_  BE  it  enacted  by  this  present  Grand  Assembly,  That 
his  ma-ties  treasurer  doe  receave  the  quitt  rents  in 
tob'o.  at  the  rate  of  3d.  per  pound.  It  being  conceive 
od  the  value  of  the  comoditie  at  present. 


Former  act 
compelling 

physicians  k. 
surgeons  to 
declare  on 
oath  the  value 
of  their  drugs 
and  medicines, 
revived. 


courts  may 

allow  what  is 
rcasonal  ' 


Penalty  on 
physicians  &, 
syrsrcoris 


ACT  XV. 

WHEREAS  by  the  9th  act  of  Assembly  held  the 
21st   of  October,    1639,  consideration  being  had  and 
taken  of  the   imoderate  and  excessive  rates  and  prices 
exacted  by  practitioners    in   physick   and  chyrurgery 
and  the  complaints  made  to  the  then  Assembly  of  the 
bad  consequence  thereof,  It  so  happening  through  the 
said  intollerable  exactions  that  the  hearts  of  divers  mas- 
ters were  hardened  rather  to  suffer  their  servants  to  pe- 
rish for  want  of  fitt  meanes   and    applications  then  by 
seeking   releife  to  fall  into  the  hands  of  griping  and 
avaricious  men,  It  be  apprehended  by  such  masters  who 
were  more  swayed  by  politick  respects  then  Xpian*  du- 
ty or  charity,  That  it  was  the  moregainfull  and  saving 
way  to  stand    to    the   hazard  of  their  servants  then  to 
entertain  the  certain  charge  of  a  physitian  or  chirurge- 
on  whose  demands  for  the  most  parte  exceed  the  pur- 
chase of  the  patient,  It  was  therefore  enacted  for  the 
better  redress  of  the  like  abuses  thereafter  vntil  some 
litter  course  should  be  advised  on,  for  the  regulating 
phisJtians  and  chirurgeons  within  the  collony,  That  it 
should  be  lawfull  and  free  for  any  person  or  persons  in 
such   cases  where  they  should  conceive   the  accoH.  of 
the  phisitian  or  chirurgeon  to  be  vnreasonable  either 
for  his  pains  or  for  his  druggs  or  medicines,  to  arrest 
the   said   phisitian  or  chirurgeon  either  to  the  quarter 
court  or  county  court  where   they  inhabitt,  where  the 
said  phisitian  should  declare  vpon  oath  the  true  value 
worth  and  quantity  of  his  druggs  and  medicines  admi- 
nistred  to  or  for  the  vse  of  the  plt.f  wherevpon  the  court 
where  the  matter  was  tryed  was  to  adjudge  and  al- 
low to  the  said  phisitian  or  chirurgeon  such  satisfacti- 
on and  reward  as  they  in  their  discretions  should  think 
fitt,  And  it  was  further  ordered  that  when  it  should  be 
sufficiently  proved  in  any  of  the  said  courts  that  a  phy- 
sitian or  chirurgeon  had  neglected  his  patient,  or  that 


*  Chr 


t  Patient. 


MARCH,  1645-6— 21st  CHARLES  1st. 


317 


he  had  refused,  being  thereunto  required,  his  helpeand  neglecting 
assistance  to  any  person  or  persons  in  sicknes  or  extre-  their  P*\tient5 
mity,   That   the   said    phisitian  or  ehirurgeon  should  Stance5 
be  censured  by  the  said  court  for  such  his  neglect  or 
refuseall,  which  said  act  and  every  clause  therein  men- 
tioned and  repeated,  this  present   Grand  Assembly  to  Jurisdiction 
all  intents  and  purposes  doth  revive,  rattifie,  allow  and  g'ven  county 
confirme  with  this  only  exception  that  the  pits,  or  pa-  courts 
tients  shall  have  their  remedie  at  the  county  courts  re- 
spective1 v,  vnless  in  case  of  appeale. 


ACT    XVI. 

WHEREAS  by  a  Grand  Assembly  held  the  17th 
of  Feb.  1644,  It  was  then  enacted  by  the  consent 
of  Mr.  Thos.  Hampton,  rector  of  Ja  :  Citty  parish, 
That  the  inhabitants  of  the  east  side  of  Archers 
hope  creeke  to  the  head  thereof,  and  downe  to  Ware- 
hams  ponds,  should  be  a  distinct  parish  of  themselves, 
Bee  it  now  further  enacted  by  the  authoritye  of  this 
present  Grand  Assembly,  That  the  said  parish  be  no- 
minated and  called  by  the  name  of  Harrop  parish.     , 


Harrop  pa 
rish  esta- 
blished. 


ACT  XVII. 

BE  it  enacted  by  this  present  Grand  Assembly  that 
the  25th*  act  of  the  Grand  Assembly  held  the  se- 
cond of  March,  1642.  injoyning  sufficient  and  legall  de- 
mands to  be  made  before  any  suits  should  be  commen- 
ced, be  from  henceforth  repealed  and  made  void,  And 
in  stead  thereof  be  it  enacted  by  the  authoritye  afore- 
said that  the  creditor's  oath  shall  be  a  sufficient  proofe 
whether  or  no  the  debt  in  question  were  first  demand- 
ed before  the  suit  commenced. 


Former  act 
requiring 
proof  of  a  de- 
mand before 
suit  brought 
repealed  and 
the  credi- 
tor's oath 
sufficient. 


ACT  XVI II. 

_.  „,  .,         ,  —.  Airange- 

WHEREAS  the  Governor,  Council  and  Burgesses  ments  for  an 
of   this   present    Grand    Assembly    have     maturely  expedition 
weighed  and  considered  the  great  and  vast  expence  of  jjjjjj}* 


At '  \'T,iVSn  ibis  colled 


LAWS  OF  V1RGIMA. 


^Number  of 

From  what 
counties. 


Ammuni- 
tion. &c 


.'revisions. 


the  collony,  in  prosecuting  the  warr  against  our  comon 
enemies  the  Indians,  and  the  almost  impossibility  of  a 
further  revenge  vpon  them,  they  being  dispersed  and 
driven  from  their  townes  and  habitations,  lurking  vp  h 
downe  the  woods  in  small  numbers.  And  that  a  peace 
(if  honourably  obtained)  would  conduce  to  the  better 
being  and  comoditie  of  the  country,  have  enacted,  and 
be  it  therefore  enacted  by  the  authority  aforesaid,  That 
three-score  men  be  forthwith  raised  on  the  north  side 
of  James  River,  well  provided  with  fixed  guns,  shott 
baggs  and  swords,  That  is'to  say,  from  Henrico  2  men, 
Charles  Citty  county  4,  James  Citty  countye  13,  Yorke 
county  16,  Warwick  county  eight,  Eliz.  Citty  county 
8,  and  Northampton  county  9 — All  which  said  men 
shall  march  vnder  and  be  obedient  to  the  command  of 
Leift.  Fra  :  Poythers  in  the  manageing  of  any  occasi- 
onall  warr,  And  that  vpon  all  emergent  occasions  in 
the  treaty  for  the  accomodation  of  a  peace  the  said 
Leift.  ffrancis  Poythers  shall  follow  the  advice  of  Capt. 
Henry  flieet,  And  that  the  said  Capt  Henry  Fleet 
shall  according  to  his  vndertakeing  and  propositions 
made  to  the  Grand  Assembly  provide  and  make  rea- 
die  his  barque,  boat  and  shallop,  victualls  and  men  for 
the  manageing  of  the  said  vessellsfor  the  space  of  sixe 
weeks,  And  three  hundred  pound  of  powder  and  1200 
lb.  of  shott  or  bulletts  for  the  said  sixty  men  to  be  em- 
ployed in'the  service,  att  his  owne  proper  costs  and 
charges,  As  alsoe  all  such  nailes,  axes,  hoes,  spades,  & 
other  necessaries  for  the  service  as  occasion  shall  re- 
quire, the  charge  of  which  shall  be  borne  and  defrayed 
by  the  publique  leavye,  And  that  the  said  60  soldiers 
be  raised  by  the  Leift.  and  deputy  Leifts.  of  the  said 
severail  countyes  respectively  in  the  several!  precincts 
who  are  to  repaire  to  their  rendevouze  at  Kickotan  on 
the  20th  of  Aprill  next  well  appointed  as  aforesaid, 
And  further  be  it  enacted,  That  Mr.  Cornelius  Lloyd 
and  Mr.  Antho  :  Elliot  shall  forthwith  putt  in  securi- 
ty (according  to  the  present  vndertakeing)  to  provide 
and  make  readie  att  the  tyme  aforesaid  2520  lb.  of 
beefe  and  porke  sufficiently  salted  and  packt  in  caske, 
and  25201b.  of  bread  or  sifted  meale  and  40  bushellf. 
of  peas  in  caske  or  the  valewin  bread  and  meale,  In  con- 
sideration whereof  they  shall  receive  15000  lb.  of  to- 
bacco to  be  raised  by  the  next  publique  leavie,  out  of 
"rh  county  or  countvs  afe  thev  cii*U  desire.  And  *hn: 


MARCH,  1645-6— ^ist  CHARLES  is..  US 

Ca  jit.  Henry  Fleet  in  satisfaction  of  his  charge  and  dis- 
bursement.shall  receive  the  sumnieof  15000  lb.  of  tob'o. 
to  be  likewise  raysed  at  the  next  Lea  vie,  Provided  ali- 
wayes  that  in  case  he  do  not  effect  the  aforesaid  in- 
tended peace  with  Oppechankeno  or  his  Indians  our 
enemies,  that  then  he  shall  beare  all  such  charges  and 
disbursements  without  any  consideration  or  satisfaction 
from  the  publique,  And  if  it  shali  soe  happen  that  a 
peace  may  not  or  cannot  be  concluded,  that  then  they 
the  said  Fleet  and  Poythcrs  shall  erect  and  biuld  a 
forte  in  any  convenient  place  in  Rappahannock  River, 
or  before  if  they  shall  soe  think  fitt,  And  follow  such 
further  instructions  as  shall  be  given  them,  by  this 
Grand  Assembly  or  the  Governour  and  council. 


ACT  XIX, 

BE  it  enacted  by  the  Governour,   Council  and  Bur-  No  merchant 

gesses  of  this  present  Grand  Assembly   that  no  mer-  *o°  "J™1  w,ne 

chant  whatsoever  shall  retayle  wine  or  strong  waters  waters  with- 

within  the  corporation  of  James  Citlye  or  the  Island,  inthecorpo- 

And  that  no  ordnary  keeper  that  shall  be  licensed  for  rc*,'onof" 

the  retayling  of  wines  or  other  strong  liquors  do  ex-  Tavern  keep- 

ceed  the  rates  and  prices   allreadie    sett  therevpon,  erstobego- 

or  sophisticate  the  same  vpon  penalty  of  such  fyne  to  raTesfaiready 

be  imposed  vpon  them  by  the  commissioners  of  ihe  established.' 
county  courts  respectively  as  they  shall  thinke  fitt. 


ACT  XX, 

BE,  it  enacted  by  the   authoritie  aforesaid,  That  the  Former  a?i 
•3th  act  of  the  Grand  Assembly  held  the  first  of  March,  repea,ed 
1643,  requireing  all  lead  to  be  melted  and  imployed 
for  the  making  of  shott  be  from  henceforth  repealed 
and  made  void. 


ACT  XXL 

BE  it  enacted  by  this  present  Grand  Aseembly  and  When  levies 

the  authority  of  the  same,  That  all  levies  that  shall  EjSJ?' 

,<-'-'  ;..  iiii  •/-,!        sheriffs  may 

accrew   due  from   the  publique  shall  be  satisned  by  distrain, 

•he  la>>  of  November  following,  And  in  case  of  non- 


320 


LAWS  OF  VIRGINIA, 


No  levies  to 
be  raised  but 
by  a  grand 

■assemblv. 


payment  that  the  sherriffs  be  enabled  to  make  seizure 
of  the  tob'o.  of  the  delinquents  which  in  all  probability 
will  not  be  disposed  of  before  that  time  whereby  the 
publique  credit  may  be  better  preserved  and  the  cre- 
ditors fully  satisfied  in  kind  :  And  further  it  is  enacted 
and  confirmed  that  no  leavies  be  raised  within  the  col- 
!ony  but  by  a  Generall  Grand  Assembly. 


ACT  XXII. 


I  apt'aihs  of 

iorts  press- 
ing tools  &c. 
to  return 
them  to  the 
owners  or  be 
liable. 


BE  it  enacted  by  this  Grand  Assembly,  That  if  any 
of  the  Capts.  of  the  severall  forts  respectively,  shall 
at  any  time  presse  any  necessary  tooles  from  the  in- 
habitants for  the  publique  service  and  not  returne  the 
same  againe,  that  then  they  the  said  Capts.  or  any  of 
them  shall  for  such  default  be  liable  to  make  the  own- 
ers satisfaction  for  the  tooles  soe  pressed,  vpon  com- 
plaint made  to  any  county  court,  and  that  they  shall 
seek  their  releife  from  the  publique. 


Salary  oi 
Capt.  Morri- 
son at  Point 
Comfort. 


ACT  XXIII. 

WHEREAS  his  matie  by  vertue  of  his  hignesse 
writ  vnder  his  signet  and  signe  manuall  dated  the  4th 
of  October,  1644,  hath  comanded  that  some  course  be 
taken,  for  the  allowance  and  confirmation  of  a  sala- 
ry to  Capt.  Robert  Morrison  Leift.  of  the  fort  att  Poynt 
Comfort,  to  be  paid  out  of  his  ma'ties  trcasurie,  It  is 
therefore  thought  fit  and  accordingly  enacted  by  the 
Governour,  Council  and  Burgesses  of  this  present 
Grand  Assembly,  That  the  quilt  rents  and  rents  by 
leases  now  vnreceived  for  Northampton  county  from 
time  to  time  be  paid  vnto  the  said  Capt  Morrison  or 
his  assignes  during  his  continuance  in  the  said  office, 
The  rents  of  which  said  county  the  said  Capt.  Morri- 
son hath  accepted  as  a  sufficient  recompence  for  his  en- 
tertainment and  salary,  And  all  acco'ts.  and  orders 
both  for  collection  and  distresse  to  extend  as  well  to 
the  said  Morrison  or  his  agents  as  well  as  to  the  trea- 
surer, any  thing  in  the  1 7th  act  of  this  first  sessions  o< 
Xssembly  to  the  contrary  notwithstanding- 


MARCH,  1645-6— 21st  CHARLES  1st  323 

ACT  XXIV. 

WHEREAS  Leift  Nicho  :   Stillwell  and  others  of  go' to  Mary- 
this   collony   have  secretly    conveyed    themselves   to  land  to  de- 
Maryland   or  Kent;    And  divers  other  ingaged  per-   mand  cer,am 

•*  '  o    o         r  persons  WIIO 

sons  likely  to  follow,  if  timely  prevention  be  not  had   had  removed 
therein,  Be  it  therefore  enacted,  That  Capt.  Tho  :  Wil-  thither, 
longliby,  Esq.  and  Capt.  Edward  Hill  be  hereby  autho- 
rised to  goto  Maryland  or  Kent  to  demand  thereturne 
of  such  persons   who  are  allreadie  departed  from  the 
collony,  And  to  follow  such  further  instructions  as  shall 
be  given  them  by  the  Governour  and  Council,  and  that 
a  proclamation  do   forthwith  issue  from  the  Govern- 
our and  Council  to  prohibitt  the  further  departure  of  Penalty  for 
any  the  inhabitants  of  the  collony,  Vpon  penaltieof  se-  r^n'the6 
veere  censure  to  be  inflicted  by  the  Governour  and  colony  with- 
Council.  out  leave 


ACT  XXV. 

BE  it  enacted  by  this  present  Grand  Assembly  that  pe*n|y0rf.  P 

the   county  of  of  Vpper  NorfT:    be  from  henceforth  changed  to 

nominated  and  called  the  County  of  Nansimum.  Nansimum 

J  county. 

WILLIAM  BERKELEY. 


2  B 


ATT  A 


BEGUNNE  AT  JaMES  ClTTIE  THE  5TH  OF  OCTOBER, 

1646. 


HT  The  MS. 
from  which  the 
acts  of  this 
session  were 
printed,  is  now 
in  the  library 
of  Congress  at 
Washington. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death,  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  xvas  bor- 
rowed by  Edmund  Randolph,  Esq.] 

SIR  WILLIAM  BERKELEY, Knight  Governour 


&c. 


Capt.  John  West 
Rich.  Kempe,  Seer. 
Capt.  Wm.  Broccas, 
Capt.  Thomar  Pettus 
Capt  Tho.  W illoughby,    ^  Esquire: 
Capt.  Wm.  Bernard, 
:■","     Capt.  Hen.  Browne, 
Mr.  Richard  Bennett, 
Geo.  Ludlowe,  J 

The  Burgesses  names  of  the  severall  countys: 

rMr.  Ambrose  Harmer, 
Speaker, 
Mr.  Walter  Chiles, 
James  Citty  county     ^  Capt.  Robert  Shepheardj 

Mr.  George  Jordayne, 
Mr.  Thomas  Lovinge, 
Mr.  Wm.  Barrett. 


Henrico  county 
Charles  Com. 
Isle  Wight 


(  Capt.  Abra.  Wood, 
I  Mr.  WTm.  Cocke. 

C  Mr.  Rice  Hoe, 

(  Mr.  Dan  :  Lluellen. 

(  Mr.  Geo :  ffawdowne, 
(  Mr.  Ja:  Bagnall. 


OCTOBER,  1646— 21st  CHARLES  1st. 


323 


Elizabeth  Citty 
Yorke 

Warwicke 

Lower  Norff. 

Northampton 
Nansimund* 


John  Robbins, 
Hen:  Ball, 

Hugh  Gwin, 
Wm.  Luddington. 

Tho.  Taylor, 
Randall  Crew, 
John  Walker. 

Edw.  Lloyd, 
Tho.  Meares, 
Robert  Eyres. 

Edward  Douglas, 
Thomas  Johnson. 

Edward  Major, 
Sam.  Stoughton, 


ACT  I. 


Art.    l.f  BE  it  enacted  by  this  Grand  Assembly,      Treaty  of 

That  the  articles  of  peace  foil :  between  the  inhabitants  Pea<:e  with 

of  this  collony,  and  Necotowance  King  of  the  Indians  anc^kTne  of 

bee   duely  &;  inviolably  observed  vpon  the  penaltie  the  Indians, 
within  mentioned  as  followeth  : 


Imp.  That  Necotowance  do  acknowledge  to  hold 
his  kingdome  from  the  King's  Ma'tie  of  England,  and 
that  his  successors  be  appointed  or  confirmed  by  the 
King's  Governours  from  time  to  time,  And  on  the  other 
side,  This  Assembly  on  the  behalfe  of  the  collony,  doth, 
vndertake  to  protect  him  or  them  against  any  rebellsor 
other  enemies  whatsoever,  and  as  an  acknowledgment 
and  tribute  for  such  protection,  the  said  Necotowance 
and  his  successors  are  to  pay  vnto  the  King's  Govern 'r. 
the  number  of  twenty  beaver  skins  att  the  goeing  away 
of  Geese  yearely. 

Art.  2.  That  it  shall  be  free  for  the  said  Necotow- 
ance and  his  people,  to  inhabit  and  hunt  on  the  north- 


He  acknow- 
ledges to 
hold  his 
kingdom  of 
the  king  of 
England. 

His  succes- 
sors appointed 
or  confirmed 
by  the  Go- 
vernor. 
Tribute. 


Indians  to 
dwell  on  north 
side  o^  York 
river. 


*  Formerly  "  Upper  Norfolk,"  and  changed  to  "  Nausimum,"  by 
the  last  act  of  the  preceu.ng  session. 


t  The   articles  of  this  treaty  are  numbered  in  the  margin  in  the 

M8 


324 


LAWS  OF  VIRGINIA, 


The  Indians 
cede  to  the 
English  all 
the  lands  be- 
tween the 
falls  of  James 
and  York  ri- 
vers down- 
wards to  Ke- 
quotan. 
Death  for  an 
Indian  to  be 
seen  upon 
this  laud  un- 
less sent  as  a 
messenger. 


Badge  of 
messengers, 
a  striped 
coat. 


Felony  for  an 
Englishman 
to  be  found 
on  the  In- 
dian's hunting 
ground. 


Exception. 


Farther  ex- 
ception. 


side  of  Yorke  River,  without  any  interruption  from  the 
English.  Provided  that  if  hereafter,  It  shall  be  thought 
fitt  by  the  Governor  and  Council  to  permitt  any  English 
to  inhabitt  from  Poropotanke  downewards,  that  first 
Necotowance  be  acquainted  therewith. 

Art.  3.  That  Necotowance  and  his  people  leave  free 
that  tract  of  land  betweene  Yorke  river  and  James 
river,  from  the  falls  of  both  the  rivers  to  Kequotan,  to 
the  English  to  inhabitt  on,  and  that  neither  he  the  said 
Necotowance  nor  any  Indians  do  repaire  to  or  make  a- 
ny  abode  vpon  the  said  tractof  land,  vponpaineof  death, 
and  it  shall  be  lawfull  for  any  person  to  kill  any  such 
Indian,  And  in  case  any  such  Indian  or  Indians  being 
seen  vpon  the  said  tract  of  land  shall  make  an  escape. 
That  the  said  Necotowance  shall  vppon  demand  deli- 
ver the  said  Indian  or  Indians  to  the  Englishmen,  vp- 
on knowledge  had  of  him  or  them,  vnles  such  Indian 
or  Indians  be  sent  vpon  a  message  from  the  said  Neco- 
towance. 

And  to  the  intent  to  avoid  all  injury  to  such  a  mes- 
senger, and  that  no  ignorance  may  be  pretended  to  such 
as  shall  offer  any  outrage,  It  is  thought fitt  and  hereby 
enacted,  That  the  badge  worne  by  a  messenger,  or,  in 
case  there  shall  be  more  than  one,  by  one  of  the  com- 
pany, be  a  coate  of  striped  stuffe  which  is  to  be  left  by 
the  messenger  from  time  to  time  so  often  as  he  shall 
returne  at  the  places  appointed  for  coming  in. 

Art.  4.  And  it  is  further  enacted,  That  in  case  any 
English  shall  repaire  contrary  to  the  articles  agreed 
vpon,  to  the  said  north  side  of  Yorke  river,  such  per- 
sons soe  offending,  being  lawfully  convicted,  be  adjudg- 
ed as  felons;  Provided  that  this  article  shall  not  extend 
to  such  persons  who  by  stresse  of  weather  are  forced 
vpon  the  said  land,  Provided  alsoe  and  it  is  agreed  by 
the  said  Necotowance,  that  it  may  be  lawfull  for  any 
Englishman  to  goe  over  to  the  said  north  side  haveing 
occasion  to  fail  timber  trees  or  cut  sedge,  soe  as  the 
said  persons  have  warr't  for  theyre  soe  doeing  vnder 
the  hand  of  the  Gov.  Provided  alsoe  notwitstandinge 
any  thing  in  this  act  to  the  contrary,  That  it  shall  bee 
free  and  lawfull  for  any  English  whatsoever  between 
this  present  day  and  the  first  of  March  next  to  kill  and 
bring  away  what  cattle  or  hoggs  that  they  can  by  any 


OCTOBER,  1646— 21st  CHARLES  1st.  325 

meanes  kill  or  take  vpon  the  said  north  side  of  the  said 
river. 

Art.  5.  And  it  is  further  enacted  that  neither  for  the  Limits  of 
said  Necotowance  nor  any  of  his  people,  do  frequent  hunting 
come  in  to  hunt  or  make  any  abode  nearer  the  Eng-  &roun 
lish  plantations  then  the  lymits  of  Yapin  the  black  wa- 
ter, and   from  the    head   of  the    black  water  vpon  a 
straite  line   to  the  old   Monakin  Towne,  vpon  such 
paine  and  penaltie  as  aforesaid. 

Art.  6.    And  it    is  further   ordered  enacted  that    if  Death  for  an 
any    English  do   entertain  any  Indian  or  Indians  or  Englishman 
doe  conceale  any  Indian   or  Indians    that  shall  come  or  conceai  a„ 
within  the  said  limits,  such  persons  being  lawfully  con-   Indian, 
victed   thereof  shall  sutler  death  as  in  case  of  felony, 
without  benefit  of  clergy,  excepted  such  as  shall  be  au- 
thorized thereto  by  vertue  of  this  act. 

Art.  7.  And  it  is  further  enacted  thai  the  said  Neco-  Badges  oi 
twoance  and  his  people  vpon  all  occasions  of  message  ["^rcceiv-eii 
to  the  Gov'r.  for  trade,  doe  repaire  vnto  the  ffort  Roy-  at  Fort  Roya! 
all  onely  on  the  north  side,  at  which  place  they  arc  to  for  the  north 
receive  the  aforesaid  badges,  which  shall  shew  them  to  Sl  e' 
be  messengers,  and  therefore  to  be  freed  from  all  inju-  Death  to  kit 
ry  in  their  passage   to  the  Governor,  vpon  payne  of  »  messenger 
death  to  any  person  or  persons  whatsoever  that  shall  j)art„ 
kill  them,  the  badge  being  worn  by  one  of  the   com- 
pany, And  in  case  of  any  other  affront,  the  offence  to  Penalty  foi 
be  punished  according  to  the  quality  thereof,  and  the  °esei  inj"' 
trade  admitted  as  aforesaid  to  the  said  Necotowance   Where  trad* 
and  his  people  with  the  commander  of  the  said  ffort  admitted, 
onely  on  the  north  side. 

Art.  8.  And  it  is  further  thought  fitt  and  enacted,  that  Badges,  kc. 
vpon  any  occasion  of  message  to  the  Gov1!',  or  trade,  tot>er<>ceiT- 
The  said  Necotowance  and  his  people  the  Indians  doe  Henry  for  the 
repair  to  fforte  Hcnery  alias  Apparnattucke  flbrte,  or  south  side, 
to  the  house  of  Capt.  John  ffloud,  and  to  no  other  place 
or  places  of  the  south  side  of  the  river,  att  which  places 
the  aforesayd  badges  of  striped  stuffe  are  to  be  and  re- 
maine. 

Art.  9.  And  it  is  further   thought  fit  and  enacted,   English  pri- 
That  Necotowance  doe  with  all  convenience  bring  in  ^"'and 
the  English  prisoners,  And  all  such  negroes  and  guns  guns  to  be 
which  arc  yet  remaining  either  in  the  possession  of  delivered  up. 


32a 


LAWS  OF  VIRGINIA, 


Provision  for 
delivering  up 
Indian  ser- 
vants run- 
ning' away. 


Indian  chil- 
dren under 
12  years  of 
age  may  live 
with  the 
English. 

Commanders 
of  forts  to 
provide  the 
striped  coats. 


himselle  or  any  Indians,  and  that  here  deliver  vpon  de- 
mand such  Indian  servants  as  have  been  taken  prison- 
ers and  shall  hereafter  '-un  away,  In  case  such  Indian 
or  Indians  shall  be  found  within  the  limitts  of  his  do- 
minions ;  provided  that  such  Indian  or  Indians  be  vn- 
der  the  age  of  twelve  years  ai  theire  running  away. 

Ar(.  10.  And  it  is  further  enacted  d/  consented,  That 
such  Indian  children  as  shall  or  will  freely  and  volun- 
tarily come  in  and  live  with  the  English,  may  remain 
without  breach  of  the  articles  of  peace  provided  they 
be  not  above  twelve  yeares  old. 

Art.  1 1.  And  it  is  further  thought  fit  and  enacted 
That  the  several  commanders  of  the  fibrts  and  places 
as  aforesaid  vnto  which  the  said  Indians  as  aforesaid 
are  admitted  to  repaire,  In  case  of  trade  or  Message 
doe  forthwith  provide  the  said  coats  in  manner  striped 
as  aforesaid. 


Propriety 
of  forts, 
and  land  ad- 
joining grant- 
ed to  indivi- 
duals on  con- 
dition of 
their  keep- 
ing them 
supplied 
with  men, 
&c. 

Grant  of  fort 
Henry  to 
Capt.  Wood. 


Conditions. 


Compensation 
to  a  for- 


ACT  II. 

AND  whereas  the  maintayneing  of  the  fibrts,  at 
least  the  greater  number  of  them  are  thought  to  be 
of  great  consequence,  In  poynt  of  honour  and  secu- 
rity of  the  collony,  and  yet  of  great  burthen  to  the  in- 
habitants to  be  mainteyned  by  the  publique  charge, 
Be  it  therefore  enacted,  That  the  said  fortes  with  the 
propriety  of  a  competent  quantity  of  land  bee  granted 
to  particular  undertakers,  to  be  maintayned  by  the  se- 
verall  vndertakers,  with  a  sufficient  strength  of  people, 
with  such  priviledges  for  theire  encouragement  herein 
as  are  hereafter  mentioned,  Be  it  therefore  enacted, 
That  Capt.  Abraham  Wood  whose  service  hath  been 
employed  att  fibrte  Henery,  be  the  vndertaker  for  the 
said  fibrte,  vnto  whome  is  granted  sixe  hundred  acres 
of  land  for  him  and  his  heiresfor  ever  ;  with  all  houses 
and  edifices  belonging  to  the  said  fforte,  with  ail  boats 
and  amunition  att  present  belonging  to  the  said  fforte, 
Provided  that  he  the  said  Capt.  Wood  do  maintayne 
and  keepe  ten  men  constantly  vpon  the  said  place  for 
the  terme  of  three  yeares,  duringe  which  time  he  the 
said  Capt.  Wood  is  exempted  from  all  publique  taxes 
for  himselfe  and  the  said  tenn  persons:  And  whereas 
Mr.  Thomas  Pitt  hatha  former  grant  for  the  said  land 


OCTOBER,  1646— 21st  CHARLES  1st.  327 

whereon  the  forte  is  built,  As  alsoe  part  of  the  said  merproprie- 
land  hereby  granted,  it  is  thought  fitt  and  enacted,  lor- 
That  the  said  Thomas  Pitt  shall  receive  a   reasonable 
satisfaction  of  the  countrey  for  the  same. 

And  it  is  further  enacted  and  granted,   That  Left.  Grant  of  Fort 
Thomas   Rolfe    shall    have   and   enjoy    for    himselfe  J&'stolieut. 
and  his  heires  for  ever  flbrt  James  alias  Chickahominy      ,os'    °  e 
fort  with  fovvre  hundred  acres  of  land  adjoyning  to  the 
same,  with  all  houses  and  edifices  belonging  to  the  said 
forte  and  all  boats  and  amunition  at  present  belonging 
to  the    scid    flbrt ;  Provided    that  he   the    said  Leift.   Conditions 
Rolfe  doe  keepe  and  maintaine  sixe  men  vpon  the  place 
duringe  the  terme  and  time  of  three  yeares,  for  which 
tyme  he  the  said  Leift.  Rolfe  for  himselfe  and  the  said 
sixe  men  are  exempted  from  publique  taxes. 

And  it  is  further  enacted.  That  Capt.  Roger  Mar-  Grant  of  Fort 
shall  have   and   enjoy    for   himselfe   and    his   heires  ^">nl'° 
for  ever  the  flbrt  Royall  alias  Ricahack  flbrt  with  sixe  .\h,frshaneC 
hundred  acres  of  land  adjoyning  to  the  same,  with  all 
houses  and  edifices  belonging  to  the  said  forte  and  all 
boats  and  amunition  belonging  to  the  said  ffort ;  pro-  Conditions. 
vided  that  he  said  Capt,  Marshall  shall  keepe  and  main- 
tayne  ten  men  vpon    the  place  during  the  terme  and 
time  of  three  yeares,  during  which  time  he  the  said 
Capt.  Marshall  for  himselfe  and  the  said  ten  men  are 
exempted  from  publique  taxes. 

And  whereas  there  is  no  plantablc  land  adjoyning   Uponwhar 
to  ffort    Charles,     And    therefore  no  encouragement  chaTieVmay 
for  any  vndertaker  to  maintaine  the  same,  It  is  there-  be  held, 
fore  thought  fitt  and  inacted,  That  if  any  person  or  there  beinS 

J  °       ,  .        ^i        •    i         /•  r~<  ti  tt        •      no  arable 

persons  purchaseingthe  right  ot  Lapt.  I  homas  Harris  ,and  adjoin. 
shall  or  will  seate  or  inhabitt  on  the  south  side  of  James  ing. 
River  right  opposite  to  the  said  ffort,  soe  it  be  done 
this  or  the  ensueing  yeare,  That  bee  or  they  so  vnder- 
takeiug  as  aforesaid  shall  have  and  enjoy  the  houseing 
belonging  to  the  said  flbrt  for  the  vse  of  timber,  or  by 
burning  them  for  the  nailes  or  otherwise,  as  also  shall 
be  exempted  from  the  publique  taxes  for  the  terme  of 
three  yeares  provided  that  the  number  exceed  not 
tenn,  as  also  shall  have  and  enj oy  the  boats  and  ammu- 
nition belonging  to  the  said  flbrt. 


325 


LAWS  OF  VIRGINIA, 


ACT  III. 

interpreter         §?  BE  it  also  inactcd  that  Capt.  John  ffloud  be  inter- 
for  the  colony,  preter  for  the  collony,  and  that  for  his  service  there- 
in   and  transporting    such  Indians  as    shall  be    em- 
ployed from  time  to  tyme  to  the  Gov'r.  in  message  or 
His  salary.        otherwise,  he  to  be  allowed  from  the  publique  the  sa- 
lary of  four  thousand  pounds  of  tob'o.  yeerly. 


Ministers' 
salary  of 
10  lb.  of  to- 
bacco per  poll 
ra  ay  be  aug- 
mented at  iha 
discretion  of 
the  vestry. 


ACT  IV. 

WHEREAS  by  Act  of  Assembly,  1642,  It  was 
inacted  concerning  Ministers'  duties  that  every  tith- 
able  person  within  their  severall  parishes  respec- 
tively should  pay  vnto  their  minister  tenne  pounds  of 
tob'o.  per  poll  :  Be  it  now  therefore  inacted  vpon  con- 
sideration that  divers  parishes  are  become  very  small 
by  reason  of  the  said  masacre,  and  payment  by  conse- 
quence according  to  the  aforesaid  rate,  of  non-suffici- 
ency to  support  the  ministers;  That  it  shall  be  lawfull 
for  the  vestrys  of  the  severall  parishes  to  augment  the 
aforesaid  rate  of  tenne  puands  of  tob'o.  per  poll  to  such 
competency  as  they  in  their  discretion  shall  think  fitt. 


Howard  for 
killing  wolves, 
100  lb.  tobac- 
co each. 


ACT  V. 

WHEREAS  many  losses  are  lately  received  by  the 
inhabitants  bv  reason  of  wolves  which  do  haunt  and 
frequent  their  plantations  ;  fTor  the  better  preven- 
tion and  for  the  destroying  of  them,  It  is  inacted  that 
what  person  soever  shall  after  publication  hereof  kill  a 
wolfe  and  bring  in  the  head  to  any  comissioner  vpon 
certificate  of  the  said  comissioner  to  the  county  court 
he  or  they  shall  receive  one  hundred  pounds  of  tob'o. 
for  soe  doeing  to  bee  raysed  out  of  the  county  where 
the  wolfe  is  killed. 


Provisos!  11 
grants  Ipr 
seating  with- 
in 3  years  to 
be  extended 
;<nd  interpre- 


ACT   VI. 

WHEREAS  it  is  inacted  and  consented  by  the  ar- 
ticles of  peace  with  the  Indians  that  none  of  the 
inhabitants  shall  seate  or  inhabitt  on  the  north  side 
of  Yorke  River  vntil  further  order  therein  notwith- 
standing any  former  grant  of  land  or  proviso  in  any 


OCTOBER,  1646— 21  st  CHARLES  1st.  329 

grant  to  the  contrary,  Be  it  inacted,  That  all  former  ted  to  moan 
grants  be  continued  and  confirmed  to  the  grantees,  &;  three  years 
that  the  proviso  ill  their  severall  grants  for  seating  in  giX  toseai 
three  yeares  be  interpreted  to  beginne  from  the  tyme  of  on  Hie  north 


leave  granted  to  seate  vpon  the  north  side,  And  where-  s!'10  "'.'  Vork 
as  divers  ot  the  inhabitants  by  authority,  and  others  to  seqUen< 
avoid    imminent    danger  from  the  enemie,   were  com-   treaty* 
pelled  to  relinquish  their  plantations  vpon  occasion  of  !|K,ia'!s 
the  late  masacre,  Jt  is  inacted  and  confirmed  that  the   j„cons, 


as  divers  of  the  inhabitants  by  authority,  and  others  to  [^uenTeofthe 
avoid    imminent    danger  from  the  enemie,   were  com-  treaty  with  the 

Indians. 

lie-tors 
^sequence 

proprietors  of  the  said  land  relinquished  as  aforesaid  of  the  late  mas- 
have  time  given  and  allowed  him  vntil  the20th  ofDe-  SeTthrir 
cember  1647  to  make  sale  or  seating  of  the  said  lands,  lands,  allowed 
and  that  no  grant  be  made  in  the  interim  to  thepreju-  :i  farther  time 

j«  c  °      i_  •    ,  '  tti  seat  them 

dice  or  any  such  proprietor. 


ACT   VII. 

BE  it  inacted,  that  the  officers  and  soldiers  belong-  Officers  and 

ing  to  the  severall  ffortes  do  continue  theire  service  in  soldiersto 

i     ■        i  -i  -ill  i  c  «i  continue  n, 

their  places  respectively  vntil  the  last  day  ol  9br.  next,  service  till 

And  that  the  payment  be  made  them  by  theire  severall  <'»e  last  day 

sherr's.  according  to  the  act  of  this  present  Assembly  °     ec' 
in  that  case  provided. 


ACT  VIII. 

WHEREAS  it  is  conceived  that  there  is  greate  de-  New  com- 
feet  in  the  tithable    persons,  lands,  horses,  mares,  &c.   »"sslon(;r5  to 
to  the  prejudice  of  many  who  have  duely  and  accord-  to  take  lists  of 
ing  to  law  presented  their  lists,  Beit  therefore  inacted,  taxable  pro- 
as well  for  the  rectifying  of  the  said  abuse  now  done  ^eit'v- 
or  comitted  as  for  the  preventing  of  the  like  hereafter, 
That   the  comissioners  of  the    severall  count}'  courts 
respectively  doe,  at    their   next  county  court  after  the      To  be  pre- 
publication   hereof  appoiute  some   able  and  discreet  sentedtathe 
person  for  the  takeing  of  a   new  list  of  all  the  tithable  assembly. 
persons, lands',  horses,  mares, Stc.  andreturne  the  same 
to  the  said  com'rs.  who  are  required  by  the  clerks  of 
theire  severall    courts  to  present  the  same  to  the  next 
Grand  Assembly,  Jlnd  it   is  further inacted  that  such 
persons  who  Iihvp  concealed  the   number  of  their  per?   Forconceal- 
Bons  tithable,  lands,  horses,  mares,  &.c.  shall  for  every   inr|J**a  * 
iithanle   person,    lands,  <kc.   pay  double  the  rate  that  double  taxes, 
this  present  Grand  Assembly  hath  assessed,  aud  where 

2  S 


330 


LAWS  OF  VIRGINIA, 


Where  lists  it  shall  appear  that  the  list  of  privnte  persons  have  not 
iSetnotwidf-  been  demanded  of  them  by  the  officers  appointed  for 
standing  to  be  that  purpose,  that  such  persons  notwithstanding  shall 
Paid-  pay   the    aforesaid   assessment  with  forbearance  eight 

per  cent,  to  be  disposed  of  by  the  next  Grand  Assem- 
For  giving  in  bly  :  And  it  is  further  inactcd,  That  for  the  future  what 
false  lists  persons  soever  shall  give   any  false  lists  to  the  officer 

appointed   to   take  the   same  shall  forfeit   trebble  the 

quantity  due  for  his  publique  levys. 


Public  and 
county  levies 
to  be  first  re- 
ceived by 
sheriffs. 


Penalty  for 
acting  other- 
wise. 


No  commis- 
sioner, she- 
riff or  subor- 
dinate officer 
to  plead  as 
attorney  in 
the  court  to 
which  they 
belong. 
Exception. 


ACT   IX. 

BE  it  further  enacted,  That  no  sherr :  or  sherriffs 
whatsoever  doe  receive  either  his  owne  or  other  offi- 
cers' fees  due,  or  sallary,  nor  any  debt  belonging  to 
private  persons  before  payment  be  made  by  the  party 
of  the  publique  and  county  leavy,  vpon  the  penalty  of 
1000  lb.  of  tobacco  for  every  sherriff  or  sherriffs  that 
shall  do  or  receive  any  tob'o.  contrary  to  the  tenor 
hereof. 


ACT  X. 

FFOR  the  better  prevention  of  all  corruption,  par- 
tiallity  and  injustice,  Be  it  inacted,  That  noe  commis- 
sioner, sherriff,  or  any  other  subordinate  officer  shall 
plead,  or  be  received  to  plead,  as  an  attorney  in  any 
cause,  in  any  court  to  which  the  said  comissioner,  sher- 
riff, clerke  or  other  subordinate  officer  do  belong  ('viz!.) 
In  any  such  case  where  the  party  for  whom  he  or  they 
shall  appeare  as  attorney  be  resideing  in  the  collony. 


Coopers  en- 
couraged. 
No  person 
to  deal  for 
casks  except 
with  coopers 
or  their  em- 
ployers. 
Debts  con- 
tracted con- 
trary hereto 
not  recover- 
able. 


ACT  XI. 

FFOR  the  preventing  of  the  greate  exaction  of 
caske,  And  for  the  encouraging  of  coopers  to  follow 
their  trades,  that  noe  person  or  persons  whatsoever  af- 
ter June  next,  shall  directly  or  indirectly  trade  or 
deale  either  by  bill  or  accompt  for  caske,  with  theire  to- 
bacco, or  caske  by  itselfe  (unles  it  be  with  a  cooper  or 
imployer  of  a  cooper,)  It  is  further  inacted,  That  what 
person  or  persons  soever  shall,  after  the  time  lymitted, 
make  any  agreement  contrary  to  the  tenor  of  this  act 
by  bill  or  accompt,  such  bill  or  accompts  shall  not  be 
pleadable  in  any  court  of  justice  within  this  collony. 


OCTOBER,  1646— 21st  CHARLES  1st.  331 


ACT  XII. 

WHEREAS    dayly  experience  doth   informe  that  Weights  and 
the  merchants   and    others,   as  well  Dutch   as  Eng-  measures  to 
lish,  trade  within  the  collony  doe  practice  much  deceit  c°n<orm  *° 

...  .  ~        .    .  ,J  r  ...  the  act  of 

by  diversity  ot  weights  and  measures,  which  are  com-  parliament, 
monly  vsed  by  them,  Be  it  therefore  inacted,  That  noe 
merchant  or  trader  whatsoever  either  English  or  Dutch 
shall  sell,  buy,  or  otherwise  make  vse  of  in  tradeing,  a- 
ny  other  weights  and  measures  then  are  vsed  and  made 
according  to  the  statute  of  parliament  in  such  cases 
provided. 


ACT  XIII. 

WHEREAS  sundry  suits,  controversies  &  debates,  Suits  for  land 
in   law,  have  been  and  davly  do   arise  about  clavmes  tobecom- 

,     •   ,  ,         ,  .,  J   J    .  ...  -  A  mrnCPil  within 

and  titles  to  land  to  the  great  impoverishing  ot  divers  five  years  or 
of  his   majesties  subjects;    ft'or  remedye  and  redresse  the  claimant 
6f  the  like  inconveniencies  hereafter,  and  for  the  better  loieverbarrcd- 
establishing  the  rights  and  possessions  of  the  inhabi- 
tants, Be  it  inacted  that  all   persons  whatsoever   that 
have  or  doe  pretend  any  title  to  any  land,  shall  within 
5  yeares  after  the  date  of  this  act  prosecute  their  claimes 
or  titles  by  commencing  suite  or  entring  action  for  the 
same,  otherwise  it  shall  be  a  good  plea  in  barr  for  the 
possessor  of  such  land  claimed  or  pretended,  to  affirme, 
That  he  hath  had  peaceable  possession  without  clayme 
by  comencement  of  suit  to  the  time  tymitted  by  this 
said  act  which  shall  be  accompted  a  sufficient  confirm-     v 
ation  to  these  possessors  and  shall  conclude  the  claime 
and  title  of  the  pretender;  and  this  act  is  to  extend  ac- 
cording to  the  limitation  expressed  to  all  that  shall  take 
vp  lands  de  futuro,  Provided  allwaiis  notwithstanding  Orphans  al- 
any  thing  in  this  act  to  the  contrary,  that  the  lymitati-  lowed  5  years 
onofffive years  in  this  act  expressed  shall  not  conclude  a  tei  "   age* 
orphans  in  theire  titles,  but  that  it  shall  be  law  full  for 
them  within   five  years   after  they  come  to  age  to  co- 
mence  suit  for  any  land  claymed  by  them:  In  which 
case  it  shall  be   no    barr  for  the  possessor  to  plead  5 
years  possession  without  clayme,  vnless  the  suit  be  com- 
menced above  five  years  after  the  orphans  shall  be  of 
age. 


332 


LAWS  OF  VIRGINIA, 


Penalty  on 

ministers  for 
marrying 
without  license 
or  publication 
of  banns. 


ACT  XIV. 

WHEREAS  it  is  inacted  anno  1G42,  in  the  ninth 
article*  of  the  first  act  of  the  sayd  Assembly,  that 
noe  marriage  should  be  solemnized  vnles  by  a  ly- 
cense  vnder  the  sicnett  from  the  Gov'r.  or  the  bavnes 
lawfully  published  in  the  parish  or  parishes  where  both 
parties  do  inhabitt :  Be  it  now  further  inacted  that 
what  minister  soever  shall  marry  any  persons  contrary 
to  the  said  act  shall  /forfeit  the  surae  of  1000  lb.  tob'o. 
to  be  disposed  by  the  comissioners  for  the  vse  of  the 
countv. 


What  deemed 
a  sufficient 
fence. 


Tre.-passes, 
how  remedied. 


ACT  XV. 

WHEREAS  it  was  inacted  by  the  8thf  act  in  1642, 
That  all  persons  should  make  a  sufficient  ffence 
about  their  cleared  grounds,  And  that  they  who  should 
be  diffident  herein  that  in  case  of  a  trespasse  or  dam- 
age done  by  them  by  hoggs,  goats  or  any  other  cattle 
whatsoever  should  be  to  their  owne  losse  and  detri- 
ment, with  further  proviso  against  all  such  who  should 
either  hurt  or  kill  any  hoggs  or  goats  or  any  other  cat- 
tle that  should  doe  them  damage  as  by  the  said  act 
more  at  large  appeareth.  Be  it  now  farther  inacted^ 
That  that  ffence  shall  bee  adjudged  sufficient  which  is 
foure  feet  and  ahalfe  in  height  substantial!  close  downc 
to  the  bottome  :  And  in  case  that  any  trespasse  or  da- 
mage be  done  or  comitted  by  any  person  haveing  such 
ffence,  by  either  horses,  mares,  hoggs,  goats  or  any 
other  cattle  whatsoever,  the  owners  of  such  horses, 
mares,  he.  shall  be  lyable  to  make  satisfaction  for  the 
trespasse  and  damage  to  the  person  injured,  In  case 
the  ffence  be  found  by  two  honest  men  appointed  by 
the  next  comissioner  to  be  sufficient. 


Former  act 
repealed. 


ACT  XVI. 

WHEREAS  by  the  6th  act  of  Assembly  in  anno, 
1643,  It  was  inacted,  That  such  persons  that  did  ad- 
venture to  recover  cattle,  which  should  be  conceyv- 


"Ante  pa.  241. 

+  Act  V.  of  this  collection 


OCTOBER,  1646— 21st  CHARLES  1st.  333 

ed  by  the  Leift's.  to  be  lost  to  the  owners,  should  free- 
ly enjoy  the  said  cattle  according  to  the  proviso,  as  by 
the  said  act  more  att  large  doth  appear,  Be  it  now  in- 
acted,  That  the  sayd  act  and  every  clause  and  thing 
therein  be  repealed  and  made  void. 


ACT  XVII. 

BEEit  enacted  that  the  10th  act,  1643,  prohibiting  Former  mt 
any  termes  of  peace  to  be  entertained  with  the  Indians,   repealed 
And  the  11th  act  of  the  said  yeare  1643,  concerning 
the  cutting  downeof  come  of  the  Indians  be  repealed 
and  made  void. 


ACT   XVIII. 

BE  it  also  inacted  that  the  13th  act  a'o.  1643,  con-  Former  act 
ceming  marching  against  the  said  Indians  by  the  in-   ,LTealed- 
habitants  of  Nansimund  county,  as  also  the  14th,  15th 
and  16th  acts  of  the  said  Assembly  repealed  and  made 
void. 


ACT  XIX. 

BE  it  alsoe  inacted,  That  suchsherr:  or  sherr's.  Penally  on 

n  ho  shall  make  default  of  bringing  in  any  list  or  ac-  ■h.?T™*/'OT 

co't.  returning  any  warrant  or  fur  doing  or  perform-  perform  any 

ing  any  other  thing  or  things  which  shall  be  enjoyned  thing  enjoin- 

or  commanded  by  an  Assembly:  That  such  sherr.  or  assembly 
sherrs's.  for  every  default  as  aforesaid  for  the  time  to 
come  shall  forfeit  one  thousand  pounds  of  tob'o.    The      Lists,  ac- 

said  lists,  acco'ts.  and  returns  to  be  made  and  brought  secretary's 

into  the  secretary's  office.  office 


ACT  XX. 

WHEREAS   divers  inconveniencies  are  likely  to  Burgesses  to 

ensue  by  disorderly  and  illegal  election  of  Burgesses,  be  elected  by 

by   subscribing  of  hands  contrary  to  the  warrant  di-  voices  pre*  ° 

rected  for  the   sayd  election,  by  which  means  it  alsoe  sent;  and  not 

haupeneth  that  few  or  none  doe  appeare  personally  ac-  hy  subscr,b">s 
cording  to  sumons,  Be  it  therefore  inacted,  That  noe 


334 


LAWS  OF  VIRGINIA, 


Penalty  on 
freemen  fail- 
ing to  attend 
elections. 


How  recover- 
able. 


election  shall  be  made  of  any  Burgesse  or  Burgesses 
but  by  plurality  of  voices,  and  that  no  hand  writing  shall 
be  admitted  :  Be  it  alsoe  further  inacted,  That  what 
freemen  soever,  haveing  lawful  sumons  of  the  time  and 
place  for  election  of  Burgesses,  that  shall  not  make  re- 
paire  accordingly,  Such  person  or  persons  vnles  there 
be  lawfull  cause  for  the  absenting  himselfe  shall  for- 
feit 100  lb.  of  tob'o.  for  his  non  appearance,  flreemen 
being  covennt.  servants  being  exempted  from  the  said 
fine,  to  be  levyed  by  distresse  in  case  of  refusall,  And 
is  to  be  disposed  of  towards  the  defraying  of  the  Bur- 
gesses charges  in  the  county. 


ACT  XXI. 

Former  act  BE  it  also  inacted,  That  the  3d  act,  1645,  concern- 

repealed.  jng  tne  charges  and  disbursments  for  hurt  men,  horses. 

&tc.  be  repealed  and  made  void. 


ACT  XXII. 

Public  levies,  WHEREAS  it  was  inacted  in  a'o.  1645,  in  the  20th 
when  payable.  act  0f  t|ie  saj(j  yeer,  That  the  payment  of  levys  should 
be  satisfied  by  the  last  of  November,  It  is  now  thought 
jitt  and  inacted,  that  the  said  clause  be  repealed  ; 
And  in  stead  and  place  thereof  that  all  publique  lea- 
vies  be  satisfied  de  futuro  at  or  before  the  20th  day  of 
November. 


ACT  XXIII. 

BE  it  also  inacted  and  confirmed  by  this  present 
Grand  Assembly  that  no  appeale  be  allowed  >f,  either 
to  quarter  courts  or  Assemblys,  vnlesse  the  appellant 
do  desire  the  same,  before  judgment  passed,  or  imedi- 
ately  at  the  same  sitting  of  the  court,  and  that  in  case 
of  appeale  no  person  or  persons  whatsoever  shall  be 
whom  payable.  concjemneci  to  pay  double  or  treble  damages  who  do 
desire  by  petition  or  otherwise  to  be  tryed  by  the 
county  courts  or  quarter  courts  where  the  same  is  in 
hearing,  but  the  appellant  only  being  cast  to  be  liable 
to  damages  as  aforesaid. 


Appeals, 
when  to  be 
allowed. 


Damages, 
when  and  by 


OCTOBER,  1646— 2 1st  CHARLES  1st.  335 

ACT  XXIV. 

WHEREAS  it  was  inacted  in  the  11th  act,  1642,      Act  esta- 
That  the  surveyors  of  land  should   demand  no  more  veyors,g<Jes, 
then  20  lb.  of  tob'o.  for  the  measuring  of  100  acres  of  and  prescrib 
land,  And  for  the  same  should  deliver  an  exact  plott  mgtin*rdu- 
of  each  parcel!  surveyed  and  measured,  And  that  if 
any  surveyor  vpon  reasonable  demand  should  refuse 
to  measure  the  dividend  of  any  person  or  persons  what- 
soever, for  the  consideration    and  satisfaction   afore- 
sayd,  such  surveyor  should  be  liable  to  the  censure  of 
the  Governour  and  Council,  And  that  if  any  surveyor 
shall  be  desired  to  go  further  from  his    place  of  resi- 
dence then  he  could  returns  in  one  day  such  a  survey- 
or should   have  the  allowance  of  12  lb.   of  tob'o.  per 
day  for  evrie  dayes  absence  from   his  dwelling,  And 
that  if  his  passage  could  not  be  but  by  water,  That  then 
such  persons  that  should  employ  any  surveyor  should 
provide  for  his  transport  ouL  and  home,  which  said  act 
being  since  repealed,   It  is  now  further  inacted  that  it 
be  and  remaine  in  its  full  force,  strength  and  vertue. 


ACT  XXV. 

WHEREAS  some  doubt  may  arise  concerning  the  Commissiou- 
19th  act,  1642,  which  giveth   power  to  any  comiss'r.  J^isdicfioa 
to  determine  causes  vnder  the  value  of  200  lb.  of  to-  of  causes  un- 
bacco,  In  respect  that  since  the  date  of  the  said  act  all  J<£^,b-  of 
causes  whatsoever  are  referred  to  monthly  courts  :  Be 
it  now  therefore  explained  and  inacted,  That  it  neither 
was  nor  is  the  intent  of  the  said  act,  1645*  authoris- 
ing the  comissioners  as  aforesaid  to  make  void  the 
aforesaid  act,  1642.     But  it  shall  be  free  for  any  co- 
missioner  to  proceed  by  vertue  of  the  said  act  notwith- 
standing any  thing  to  the  contrary  in  the  act  1645. 


ACT   XXVI. 

Be  it  further  inacted  for  the  ease  of  the  inhabitants  0ne 
on    the    south  side  of   the    river   in   James    county  sioneron 


coinmij 
er  on 
south  side  01 


*  November  1645,  ch.  X. 


rfStf 


LAWS  OF  VIRGINIA, 


the  liver  in       That  there  shall  be  settled  on  that  side  a  comissioii 

James  couniy    with  ,  power  to  keepe  courts  and  to  heare  and  deter- 
to  exercise  ■  11  •"  i  1  1 

jurisdiction       mine  all  causes  in  as  large  and  ample  manner  as  any 
ofoouuty  other  county  court  within  this  collony,  soe  as  theire 

courts.  32JJ  cour[S  De  kept,  on  every  sixteenth  day  of  every  se- 

cond month,  to  the.  intent  that  the  sherriff  &  the  clerke 
belonging  to  the  county  court  may,  with  the  more  con- 
venience, be  attendant  vpon  the  comissioners  that  are 
there  to  be  settled. 


Recital  of 
acts  of  parlia- 
ment for 
binding-  out 
children. 


Commission- 
ers of  several 
counties  to 
make  choice 
of  two  chil- 
dren &  send 
them  to  Jas. 
City. 

To  be  em- 
ployed in  the 
public  lias 

houses. 

Allowance 
of  food,  cloth- 
ing, furniture, 
s!ock,  &c. 


ACT  XXVII. 

WHEREAS  sundry  laws  and  statutes  by  act  of 
parliament  established,  have  with  great  wisdome  or- 
dained, for  the  better  educateing  of  youth  in  honest 
and  profitable  trades  and  manufactures,  as  also  to 
avoyd  sloath  and  idlenesse  wherewith  such  young 
children  are  easily  corrupted,  as  also  for  releife  of  such 
parents  whose  poverty  extends  not  to  give  them  breed- 
ing, That  the  justices  of  the  peace  should  at  their  dis- 
cretion, bind  out  children  to  tradesmen  or  husbandmen 
to  be  brought  vp  in  some  good  and  lawfull  calling,  And 
whereas  God  Almighty,  among  many  his  other  bles- 
sings, hath  vouchsafed  increase  of  children  to  this  col- 
lony, who  now  are  multiplied  to  a  considerable  number, 
who  if  instructed  in  good  and  lawfull  trades  may  much 
improve  the  honor  and  reputation  of  the  country,  and 
noe  lesse  their  owne  good  and  theire  parents  comfort : 
Cut  forasmuch  as  for  the  most  part  the  parents,  either 
through  fond  indulgence  or  perverse  obstinacy,  are 
most  averse  and  unwilling  to  parte  with  theire  chil- 
dren, Be  it  therefore  inacled  by  authoritie  of  this  Grand 
Assembly,  according  to  the  aforesayd  laudable  cus- 
tom in  the  kingdom  of  England,  That  the  comission- 
ers of  the  severall  countyes  respectively  do,  at  theire 
discretion,  make  choice  of  two  children  in  each  county 
of  the  age  of  eight  or  seaven  years  at  the  least,  either 
male  or  female,  which  are  to  be  sent  vpto  James  Citty 
between  this  and  June  next  to  be  imployed  in  the  pub- 
lic flax  houses  vnder  such  master  and  mistresse  as  shall 
be  there  appointed,  In  carding,  knitting  and  spinning, 
&c.  And  that  the  said  children  be  furnished  from 
the  said  county  with  sixe  barrells  of  corne,  two  cover- 
leits,  or  one  rugg  and  one  blankett :  One  bed,  one 
wooden  bowle  or  tray,  two  pewter  spoones,asow  shotc 


OCTOBER,  1646— 21st  CHARLES  1st.  ■'>: 

of  sixe  mouths  old,  tsvo  laying  hens,  with  convenient 

apparell  both  linen  and  woollen,  with  hose  and  shooes, 

Aud  for  the  better  provision  of  howseing  for  the  said 

children,  It  is  inacted,  That  there  be  two  houses  built  House*  to  be 

by  the  first  of  April  next  of  forty  foot  long  apeece  with  hl,ili- 

good  and  substantial  timber,  The  houses  to  be  twenty  D,mensiou3- 

foot  broad  apeece,  eight  foot  high,  in  the  pitche  and  a 

stack  of  brick  chimneys  standing  in  the  midst  of  each 

house,  and  that  they  be  lofted  with  sawne  boardes  and 

made   with    convenient  partitions,  And   it   is  further       None  r 

thought  fitt  that  the  comissioners  have  caution  not  to  poor  children 

take  vp   any   children  but  from  such  parents  who  by  to  be  taken  up 

reason  of  their  poverty  are  disabled  to  maintaine  aud 

educate  them,  Bee  it  likeivisc  agreed.  That  the  Gover- 

nour   hath  agreed  with  the  Assembly  for  the  sume  of 

10000  lb.  of  tob'o.  to   be   paid  him  the  next  crop,  to 

build   and  finish  the  said  bowses  in  manner  and  form 

before  expressed. 


ACT   XXVI1L 

WHEREAS  the  necessity  of  the  warr,  now  happi-  Extraordinary 
ly  ended,  hath  occasioned  many  charges  and  imposi-  ^expenses 
tions,  which  the  collony  in  all  Christian  duty  to  their  ofthclate  war. 
own  safetyesjiave  been  enforced  to  vndergo,  aud  now 
in  honor  are  obliged  to  discharge,  which  they  could 
not  possibly  effect  without  this  tax  at  present  imposed, 
which  though  extraordinary   and  not  in   former  times 
to  be  paraleld,  yet  it  is  hoped   that  with  more  cheer- 
fullness  it  will    be  entertained  and  discharged  by  the 
inhabitants,  In  respect  of  the  great   blessing  of  peace 
that    cometh  along  with  it,  It  is  therefore   inacted  by 
this  Grand  Assembly,  That  the  sherr  :  of  the  severall 
countyes  respectively  do  leavy  if  occasion  be  by  dis- 
tresse,  And   make  such  payments  to  such  persons  and 
for  such  debts  as  are  herevnder  mentioned. 


ACT  XXIX. 

WHEREAS    the  inhabitants  of  Chicawane  alias  Inhabitants  of 

-        .  ,,  ,  Chicawane  or 

^Northumberland  being  members  of  this  collony  nave  ^'orthumber- 
not  hitherto  contributed  towards   the  charges  of  die  land  to  pay 
warr,  It  is    now  thought    fat  that  the  said    inhabi- 

2  T 


taxes  in  future. 


338  LAWS  OF  VIRGINIA, 

tants  do  make  payment  of  the  leavy  according  to  such 
rates  as  are  by  this  present  Grand  Assembly  assessed, 
(vizt.)  per  evrie  tithable  person  78  lb.  of  tob'o.  For 
every  hundred  acres  of  land  15  lb.  of  tobacco  3-4, 
For  every  cow  above  3  yeer  old  15  lb.  of  tobacco  3-4, 
And  that  such  a  person  whom  the  Govemour  shall 
think  fitt  to  appoint  shall  receive  and  collect  the  afore- 
said levy  and  give  an  account  thereof  to  the  next  As- 
sembly, then  to  be  disposed  of  according  to  further  or- 
der, And  it  is  alsoe  inacted  that  the  said  inhabitants 
of  Chicawane  shall  allwaies  hereafter  be  liable  to  all 
taxes,  and  in  paying  the  publique  levys  with  the  rest  of 
the  inhabitants  of  this  collony,  And  it  is  further  thought 
fitt  that  the  present  Governour  shall  have  the  free  dis- 
posall  of  what  tob'o.  shall  be  received,  the  certificate 
being  made  of  the  quantity  by  the  commander  of  the 
place,  and  the  Governour  to  be  accountable  for  the 
On  refusal,  to  same  at  the  next  Assembly,  And  in  case  the  said  inha- 
be  called  off  brants  shall  refuse  or  deney  payment  of  the  said  leavy 
plantation.  as  above  expressed,  That  vpon  report  thereof  made  to 
the  next  Assembly  speedy  course  shall  be  then  taken 
to  call  them  off  the  said  plantation. 

WILLIAM  BERKELEY. 
AMBROSE  HARMER,  Speaker, 


ATT  A 

HoLDEN  ATT  JaMES  ClTTV  THE  THIRD  OF  NoVEM- 

BER,  1647. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.] 

PRESENT  Sir  WILLIAM  BERKELEY,  Kn't, 
Governour,  &c. 

Capt.  John  West, 

Rich.  Kempe,  Seer. 

Capt.  Wm.  Broccas, 

Capt.  Thomas  Pettus,  )►  Esquires, 

Capt.  Wm.  Bernard, 

Capt.  Hen.  Browne, 

Mr.  Geo.  Ludlow, 

The  Burgesses  names  of  the  severall  countys 


O'The  MS. 
from  which 
the  acts  of 
this  session 
were  printed, 
is  now  in  the 
library  of 
Congress,  at 
Washington 


James  Citty  county 


Charles  Citty 
Elizabeth  Citty 

Yorke  County 


f  Capt.  Rob't.  Hutchinson, 
j  Capt.  Bridges  Freeman, 
Capt.  Robert  Shepheard, 
Mr.  George  Jorden, 
Mr.  Wm.  Davis, 
\^Mr.  Peter  Ridley. 

C  Capt.  Edward  Hill, 
(  Capt.  Francis  Poythers 

Mr.  Anth  :  Elliot, 
Mr.  John  Chandler, 
Mr.  Hen :  Poole. 

Mr.  Rich.  Lee, 
Capt.  Wm.  Tayler, 
Mr.  Fra:  Morgan, 


340 


What  deemed 

sufficient 

prisons 


Persons 
breaking  such 
prisons  to  be 
deemed  felons; 
and  commis- 
sioners, coun- 
ties and  she- 
riffs exonerat- 
ed. 


LAWS  OF  VIRGINIA, 

Vpper  Norff,* 

VVarw.  County 


Mr.  Moore  ffantlaroy, 
Mr.  Sam  :  Stoughton, 
Mr.  Richard  Wells. 


^  Capt.  Thos.  fflint, 
I  Mr.  Randle  Crew. 


Isle  of  Wight 


Lower  Norff. 


Capt.  John  Vpton, 
Mr.  John  George. 

f  Lei  ft.  John  Sidney, 
J  Mr.  Hen.  Woodhouse, 
}  Mr.  Cor.  Lloyd, 
^  My.  Tho.  Meeres, 

Mr.  E'd.  Scarbrough, 


North' on  County  \  , 

J  (Mr.  Steph.  Charleton, 

Northumberland — Mr.  Wm.  Presley. 
Henrico  county — Capt.  Tho.  Harris. 

ACT  J. 

WHEREAS  divers  escapes  have  been  made  by- 
prisoners,  and  more  likely  to  be,  tor  want  of  suffi- 
cient prisons  in  the  severall  countyes,  to  which  the 
poverty  of  the  countrey  and  want. of  necessaries  here 
will  not  admitt  a  possibillitie  to  erect  other  then  such 
houses  as  wee  frequently  inhabitt,  by  which  meanes 
much  damage  hath  arisen  to  the  severall  sherriffs,  co- 
missioners  and  counties  specially  for  want  of  interpre- 
tation what  shall  be  accompted  a  sufficient  prison  and 
what  provision  shall  be  made  against  prisoners  thence 
escaping  ;  Be  it  therefore  enacted,  That  such  houses 
provided  for  thai  purpose  shall  be  accompted  suffici- 
ent prisons  as  are  built  according  to  the  forme  of  Vir- 
ginia houses,  from  which  noe  escape  can  be  made  with- 
out breaking  or  forcing  some  part  of  the  prison  house, 
and  that  all  persons  so  offending  whether  debtors  or 
others  shall  be  pursued  and  adjudged  and  suffer  as  in 
case  of  fellony,  and  the  comissioners  and  countyes  to 
be  freed  from  any  charge   or  tax  to  be  imposed  vpon 


*  This  should  be  Nansinttim,  to  which  Upper  Norfolk  was  changed 
by  the  last  act  passed  in  March  16-15-6.      At  the  session  of  Ocrol 
1646,  Mansimund,  and  not  Upper  Norfolk,  was  represented  ;  as  appears 
to  be  the  case  in  the  sessions  succeeding  this. 


NOVEMBER,  1647— 22d  CHARLES  1st.  341 

them  by  any  such  escape  or  by  neglect  of  the  sherrifis,      Prison 

and  that  the  comissioners  may  have  power  to  appoint  bounds>  h°w 

such  reasonable  bounds  and  limitts  for  the  convenien- 

cle  and  accomodation  of  prisoners  in  the  day  time,  as 

by  ihem  shall  be  thought  reasonable,  and  all  prisoners      Prisoner 

soe  transgressine;  and  exceeding  the  said  bounds  to  be  ureak,ng 

i  i  i  »■•'*!  •  i  *»  *i  -ii  them  to  be 

kepi  close  and  secured  in  the  said  prison  att  the  perm  kept  jnc;0SP 

of  the  severall  sherrifTs.  custody. 


ACT   If. 

WHEREAS  certaine  occasions  of  greate  and 
weitrhtie  consequence  hath  been  considered  by  this  Adjournment 
present  Grand  Assembly  which  cannot  att  present  biy  to  Oct 
bee  fully  rietermined,  as  alsoe  the  inconveniencie  of  1648. 
manie  masters  of  fl'imilies  in  staying  from  home  at 
such  considerable  time  of  the  yeare.  Be  it  enacted  by 
this  present  Grand  Assembly  that  the  Assembly  be  ad- 
journed vntil  the  ffirst  day  of  October  next,  and  that 
all  members  of  both  houses  do  then  give  their  atten- 
dance att  James  Citty  without  any  pretence  whatsoe- 
ver to  the  contrary,  And  be  it  further  enjoyned,  That 
the  sherriffs  of  the  severall  countyes  do  present  vnto 
the  Assembly  vpon  the  sixth  day  of  October,  a  just  &. 
exact  list  of  all  taxable  goods,  land  and  tithable  per- 
sons, which  lists  are  to  be  carefully  taken  by  the  cornis- 
sioners in  their  severall  lymitts  or  such  persons  of  trust 
as  they  shall  think  fitt  to  employ,  and  the  last  yeares 
sherrifl's  to  bring  in  their  accompts  of  their  proceed- 
ings upon  the  last  yeares  levy  to  the  said  Assembl\r 
vppon  the  said  sixth  day  of  October. 


ACT  HI. 

ATT    A 

GRAND  ASSEMBLY 

HELD  THE  THIRD  OF  NOVEMBER,  1047. 

Present  vt  antea. 

VPON  divers  informations  presented  to  this  As-  Ministers  re 

sembly  against  severall  ministers  for  theire   neglects  fusing  to 

and    refractory  refuseing  after   warning  given    them  ^npr^er 

to  read  common  prayer  or  divine  service  vpon  the  Sab-  110t  entitird  u> 


342 


LAWS  OF  VIRGINIA, 


any  tithes  or 
duties  from 
their  pa- 
rishioners- 


both  dayes  contrary  to  the  cannons  of  the  church  and 
acts  of  parliament  therein  established,  for  future  reme- 
die  hereof :  Be  it  enacted  by  the  GovV.  Council  and 
Burgesses  of  this  Grand  Assembly,  That  all  minis- 
ters in  their  severall  cures  throughout  the  collony  doe 
duel}7  vpon  every  Sabboth  day  read  such  prayers  as 
are  appointed  and  prescribed  vnto  them  by  the  said 
booke  ofcomon  prayer,  And  be  it  further  enacted  as 
a  penaltie  to  such  as  have  neglected  or  shall  neglect 
their  duty  herein.  That  on  parishoner  shall  be  compel- 
led either  by  distresse  or  otherwise  to  pay  any  manner 
of  tythes  or  dutyes  to  any  unconformist  as  aforesaid. 


Collectors  of 
public  levies 
to  be  appoint- 
ed, and  the 
sheriffs  no 
longer  bound 
to  receive 
them. 


Names  of 
'■ollectors. 


ACT  IV. 

WHEREAS  by  often  experience  late  Assemblies 
have  found  Jgreat  defaults  and  defects  in  receiving 
and  collecting  the  publique  leavies,  whither  occa- 
sioned by  the  vast  extent  of  divers  counties  or  the 
multitude  of  other  employments  of  the  sherriffs,  who 
have  hitherto  been  intrusted  therein,  or  some  other 
cause  in  neglect  or  otherwise,  all  and  in  each  part  equal- 
lie  prejudicial!  to  the  publique,  as  producing  the  same 
or  the  like  effect  in  bad  payments,  to  the  great  dishonor 
and  impairing  of  the  publique  credit.  Vpon  mature 
deliberation  to  remedie  and  redresse  the  like  mischeife 
hereafter,  It  is  enacted,  That  the  burden  of  collection 
be  taken  of  thesherriffs  as  too  disproportionate  for  soe 
few  to  vndergo,  and  that  collectors  be  appointed  for 
receiveing  and  gathering  in  of  all  levyes  by  this  pre- 
sent Grand  Assembly  assessed  in  such  bounds  and  ly- 
mitts  and  by  such  persons  as  are  specified  in  this  act, 
(vizt :) 

ffor  James  Citty  County. 

Capt.  Robert  Shepheard  from  Lawnes  Creeke  to  Sun- 
ken Marsh,  including  Hogg  Island. 

Mr.    Geo.  Jorden  from  Hogg  Island  to  the  Vpper 
Chippoakes. 

Capt  Bridges  flreeman  for  Chickahominy  and  Sandy 
Poynte. 

Mr.  Lancelett  Elay  for  the  mayne  Pohatan  and  Jame* 
Citty  Island. 


NOVEMBER,  1647— 22d  CHARLES  1st.  343 

Mr.  Richard  fford  for  Necke  of  Land  to  Wareham's 
Runns. 

Mr.  Peter  Ridley  for  Martin's  Hundred  and  this  side 
of  Keth's  Creeke. 

Which  said  collectors,  in  their  severall  lymitts  are  au-  Their  power 
thorized  to  aske  and  receive  the  severall  sumes  of  to-  and  duty. 
b'o.  by  this  present  Grand  Assembly  assessed,  and  in 
case  of  non-payment  are  authorized  with  the  same  and  Right  to  dis- 
the  like  power  of  distresse  that  ever  any  sheriff  had  train. 
or  might  have  had  by  any  act  formerly  made,  And  in 
case  of  distresse  made  by  any  of  the  said  collectors  Goods  to  be 
they  are  authorized  by  the  oathes  of  two  men  to  ap-  appraised, 
praise  the  goods  soe  distreyned  and  to  deliver  the 
surplusage,  ;f  any  be,  to  the  owner  of  the  goods,  and 
to  be  accountable  for  the  other,  And  it  is  further  en- 
acted that  where  any  person  is  defective  in  the  pay-      Collector 
ment  of  any  sume  assessed  in  tob'o.  for  want  whereof  may  tender 
the  collector  makeing  distresse  as  aforesaid,  in  such  framed  to 
case  the  collector  shall  give  notice  to  one  of  the  c.redi-  public  credit- 
tors  of  the   republique  and   tender  him  the  distresse,  or' 
and  in  case  of  his  refusal!,  by  the  oathe  of  the  collec- 
tor, the  republique  to  be  cleered  of  the  debt,  And  in 
case  after  notice  given  to  such  creditor,   he  shall   re-  Andif  he  re- 
fuse or  neglect  either   by  himselfe  or  his  assigne  to  fl>se,  such 
come  at  the  time  or  to  the  place  appointed  by  the  col-  ,ender  de^med 

i  i  *  i  -in  i  •  a  payment. 

lector,  that  in  such  cases  the  said  collector  making 
tender  before  sufficient  wittnes  of  the  goods  distreyned 
for  the  vse  of  the  said  creditor,  it  shall  be  accompted 
a  good  and  just  payment  to  the  creditor  from  the  coun- 
try :  And  further  be  it  enacted,  That  the  said  collec-  Collectors 
tors  in  their  severall  limitts  be  authorized  to  inquire  to  enquire 
into  concealed  estates  in  land,  &c.  not  brought  into  ' 


estates, 


list,    and   to  leavy  payment  of  the  same  according  to 

the  rate  of  assessment  by  this  Assembly  sett  downe  and 

ordered,  And  it  is  further  enacted,  That  the  collectors      To  deliver 

of  the  sev'rall  countyes  shall  give  vp  theire  accompts  their  books 

to  the  com'rs.  of  the  county  courts  who  are  to  certifie  court""  y 

the  same  to  the  next  Assembly  ;  And  this  act  is  to  con 

tinue  in  force  vntil  the  next  Assembly  and  no  longer.  of 


Limitation 
act. 


344 


LAWS  OF  VIRGINIA, 


former  act 
directing  2 
acres  of  com 
per  pol  to  be 
planted  more 
strictly  en- 
forced. 


Constables 
to  present 
defaults,  and 
names  of  de- 
linquents in 
tending  their 
corn. 

Penalty  on 

^unstable  for 
neglect. 


On  commis- 
-  ioners. 


ACT  V. 

WHEREAS  it  was  enacted  att  a  Grand  Assembly 
bearing  dale  the  second  of  March,  a'o.  d'i.  1642,  that 
there  should  be  two  acres  of  come  planted  for  every 
working  hand  in  the  ground  throughout   the  collony 
either  in  Indian  or  English  grayne,  And  for  the  better 
execution  of  the  said  act,  It  was  then  ordered,  that  all 
constables  within  theire  severall  lymits  and  precincts 
should  take  a  view  of  every  man's  corne  vpon  the 
ground,  And  where  the  proportion  of  two  acres  should 
be  wanting  the  constables  of  the  said  lymitts  were  to 
present  their  defaults  to  the  com'rs.    of  the   county 
courts  who  by  the  said  act  were  required  to  make  in- 
quiry thereof;  And  were  ffurther  authorized  to  impose 
a  mulct  or  fyne  of  five  hundred  pounds  of  tob'o.  per 
acre  defective,  vpon  such  person  or  persons  whom  they 
should  find  delinquents  in  the  premisses  ;  One  halfe 
whereof  should  be  and  come  to  the  constable  or  anie 
other  informer  and  the  other  halfe  to  publique  vses  for 
the  good  of  the  county  where  the  offence  should  be 
comitted,  which  said  act  and  every  clause  therein  con- 
teined  is  confirmed  by  this  Grand  Assembly,  And  it  is 
further  enacted,  for  the  more  due  execution  hereof,  by 
which  defect  the  colionie  hath  much  suffered,  That  the 
said  constables  shall  not  onely  present  the  defect  of 
acres  planted  as  aforesayd,  but  shall  also  present  the 
names  of  such  who  shall  not  sufficiently  weed  and 
tend  the  due  proportion  enjoyned  ;  And  for  the  neglect 
of  any  constables  in  not  presenting  both  the  planting 
and  sufficient  tending  thereof,  that  the  comissioners  of 
the  county  courts  doe  impose  a  fine  of  five  hundred 
pounds  of  tob'o.  vpon  each  constable  soe  defaulting, 
to  be  disposed  of  as  aforesaid,  And  in  case  the  comis- 
sioners do  not  take  a  strict  care  in  takeingaccompt  of 
the  constables  in  the  execution  of  this  act,  that  then 
the  said  comissioners  shall  be  fined  at  the  discretion  of 
the  Gov'r.  and  Council,  or  in  case  any  information  be 
brought  to  the  Governour  of  such  neglect  in  the  com'rs. 
out  of  court  time  and  proved  before  him,  that  then  the 
said  comissioners  are  to  be  fined  att  the  pleasure  of 
i.he  Governour. 


NOVEMBER,  1647— 22d  CHARLES  1st.  H 

ACT  VI. 

BE  it  enacted  by  the  Governour,  Council  and  Bur-  See  post  pa. 

sresses,  that  all   1  awes  and  acts  formerly  made  and  es-  3y8>  477- 
"r  ,i.  •      ]  •  i         r  Appeals  lron> 

tabhshed  concerning  appeales   from  county  courts  to  cou'lity  to 

quarter  courts  and  from   quarter  courts  to  Assemblies  quarter  court! 

be   repealed  and   made  void,  And  that  no  appeales  de  a,ul  "om 

•  .  ciiiiirtcr  courts 

i'uturo  be  admitted  but  in  such  cases  and  in  such  man-  lo  assembly 
ner  as  herein  is  expressed  (vizt.)  That  noe  appeals  in  regulated', 
any  cause  of  what   value    soever  shall   be  admitted  or  |NoaPPea,s 

ii  -i  i    •         ■  r  lor  a  smaller 

allowed  to  any  person  either  plaintii  or  defend  t.  from  sum  than 

the  court  where  the  said  action  is  commenced  but  that  ^'^  ol 

the  judgment  of  the   court  shall  be  binding  and  con-  jejo^erT 

cludeing  to  all  intents  and  purposes,  provided  that  the  Nor'ampton 

cause  exceed  not  the  value  of  sixteen  hundred  pounds  ,;ol,"ty except 

of  tob'o.  or  tenne  pound  sterl.   North'ton  countie  ex-  not  to  adihit  of 

cepted,  which  in  respect  of  the  remoteness  from  James  any  appeal 

Citty  is  not  to  admit  of  any  appeale  in  any  action  vn-  u"d7">3000  ,b 

der  the  valew  of  three  thousand  two  hundred  pounds  of  jgao  sterl. 

tob'o.  or  twenty  pound  sterling:  And  it  is  further  en-  Judgqientof 

acted,  That  in  case  of  any  appeale  above  the  said  va-  alwoluMy^ 

lue  as  aforesaid  to  the  quarter  court,  that  order  orjudg-  binding  «ith- 

ment  of  the   quarter  court  shall  be  absolutely  binding  (H"  furt"er 

and  concludeing  without  further  appeale  therein  to  be  Security  for 

had  or  claimed,  The   appellant  to  putt  in  security  for  50  per  cent. 

50   per  cent,    for  dam.  according  to  the  valew  of  the  damages 
debt,  Provided  notwithstanding  any  thing  in  this  act 

to  the  contrary,  That  where  the  cause  in  tryail  shall  be  Appeals  to 

of  that  nature  that  noe  knowne  law  or  president  have  assemb|ymay 

...  .  .  r  .     .  be  allowed  to 

over-ruled    the  same,   in  such  cnuses  the  comissioners  settle  new 

to  have  power  to  referr  the  same  to  the  hearinge  of  a  points  of  law, 

Grand  Assembly.     In  which  causes  they  are  to  certi- 

fle  the  same  vnder  the  teste  of  their  clerke  and  to  cause 

the   parties  in    tryail  to  give  caution  for  their  appear-  K 

ance  at  the  next  ensueing  Assembly  :   This  Assembly  Or  where  the 

doth  further   likewise   declare,  That  all  causes   shall  '&**"**? 

,  J     ,     .  A  .  ..  .  ...  the  court,  in 

have   admittance   to    Assemblies  where  the  justice  o.  the  opinion  of 

any    courte   may  seeme  questionable,  reserveinge  to  theassembiyis 

themselves  to  be  the  onely  judges  in  cases  of  so  high  ques,lona  c 
a  nature. 


ACT  VII. 

BE  it  alsoe  enacted  for  the  clearing  of  all  doubts  &  Jurisdiction 
controversies,  and    for   the   better   vnderstanding  of  °  fr^urti 

2  V 


643 


LAWS  OF  VIRGINIA 


IS'or'aropt&n 

county 

excepted. 

Act  authoris- 
ing writs  to 
is9ue  under 
seal  of  secre- 
tary's office 
repealed  ;  k. 
writs  to  issue 
from  that  of- 
fice and  be 
signed  by  the 
governor. 


the  10th  act  of  the  19th  of  November,  a'o.  1645,  con- 
cerning the  tryall  of  all  causes  of  what  valew  soever  att 
county  courts,  That  noe  causes  are  to  receive  theire 
tryall  att  James  Citty  vnder  the  valew  of  1600  lb.  of 
tob'o.  or  tenne  pound  sterl :  or  if  the  parties  be  inha- 
bitants of  Northampton,  vnder  the  value  of  three  thou- 
sand two  hundred  pounds  of  tob'o:  or  twenty  pound 
sterl.  And  it  is  likewise  enacted,  That  the  16th  act  of 
the  19th  of  November,  anno  d'i.  1645  authorising  all 
writts  for  commencement  of  suits  att  the  quarter  court 
to  issue  from  the  secretary's-office  vnder  the  seale, 
shall  be  repealed,  and  that  de  futuro  all  writts  and  war- 
rants for  comencing  suits  in  the  quarter  courts  (which 
are  not  to  be  but  in  cases  above  the  aforesaid  value) 
are  to  issue  out  of  the  office,  and  to  be  signed  vnder 
the  hand  of  the  Governour,  in  which  causes  noe  appeale 
is  to  be  admitted  to  the  Assembly  but  with  such  pro- 
visoes as  in  the  former  act  (vizt.)  where  there  is  noe 
knowne  law  or  president  over-rulinge  the  same,  in 
which  case  the  courte  to  referr  to  the  Assembly  with 
such  cautions  and  lymitations  as  aforesaid. 


Poor  persons, 
imprisoned 
for  debt,  may 
be  discharged 
by  tendering 
property  to 
their  creditors 
to  be  apprais- 
ed by  two  men 
mutually  cho- 
sen for  their 
umpire. 


ACT    VIII. 

WHEREAS  divers  informations  are  presented  to 
this  Assembly  of  the  hard  vsage  of  divers  poor  per- 
sons by  a  long  and  tedious  imprisonment  of  their  bo- 
dyes  vpon  actions  of  debt  which  they  are  vnable  to 
discharge  in  kind,  though  very  willing  and  readie  to 
give  a  valuable  satisfaction  to  theire  creditors,  who  not- 
withstanding maliciously  and  perversly  refuse  such  sa- 
tisfaction to  tSie  vtter  retine  of  such  poore  indigent  per- 
sons, theire  wives  and  children  :  Bee  it  therefore  enact- 
ed for  the  releife  of  such  as  are  now  vnder  duresse  or 
destraint  or  hereafter  shall  be  imprisoned  for  debt, 
that  where  such  persons  do  or  shall  tender  a  valuable 
satisfaction  to  theire  creditors  by  the  appraisement  of 
two  honest  persons  one  to  be  chosen  by  the  creditor 
and  the  other  by  the  debtor,  such  creditor  shall  be 
tompelled  to  accept  of  the  same,  as  satisfaction  for 
theire  debt,  And  where  two  apprisors  chosen  cannot 
agree,  In  such  cases  the  two  next  adjoyning  comissi- 
oners  to  determine  the  value  of  the  goods  vnder  ap- 
praisement, satisfaction  to  be  given  to  the  creditor 
where  the  estate  of  the  debtor  remainetb 


- 


NOVEMBER,  1647— 22d  CHARLES  1st.  34? 

ACT   IX. 

WHEREAS  the  great  scarcity  of  come  is  like  to  Exportation 
produce  much  want  and  misery  to  divers  of  the  in-  ofjjraiu pro- 
habitants,  vnles  timely  prevention   be  made  bv  pro-  ^'^d011 

.....  '-  .      J    \,  .  .     •>    I  account  of 

nibiting  ol  exportation  ot  corne,  and  against  hoarding  the  great 

and  ingrossinge  thereof,  to   the   intent  to  exact  vpon  scarcity 
theire  poore  neighbours  by  extream  and  vnreasonable 

rates  to  the  vtter  vndoing  of  whole  (families  :    Bee  it  No  person  to 

therefore  enacted  by   this  Grand  Assembly  lhat  no  per-  se" ,,u!ian 

Jc        .1  •  r  ...  J  r  com  at  a 

son  tor  this  ensueinge  yeer  shall   exporte  any   man-  higher  rate 
ner  of  English  or  Indian  graine  or  corne  out  of  the  ly-  than  1001b. 
mitts  of  the  collony,  in  which  act  ail  strangers  as  well  ?f  tobacc#  * 
as  inhabitants  are  included  ;   And  for  preventing  of  all 
hoarding  and  ingrossing  of  corne,  It  is  alsoe  enacted, 
That  noe  person  or  persons  whatsoever  shall  sell,  bar- 
g*aine,  barter  or  exchange  any  Indian  corne  either  di- 
rectly or  indirectly  above  the  rate  or  valewofone  hun- 
dred pounds  of  tobacco  per  barrell,  vpon  the  penalty  PeaaJrj 
of  ffive  hundred    pounds  of  tob'o.  for  every  barrell  of 
corne  that  shall  be  exported  as  aforesaid,  The  moyetie 
of  which  fine  and   forfeiture  shall  be  and  come  to  the 
King's  Majestie  and  the  other  halfe  to  the  informer. 


ACT  X. 

VPON  the  petition  of  the  inhabitants  from  the  coi-  South  wavfc. 
Sedge    to  the   Vpper   Chipoaks,    including    the    said  P|!r!sh ,eSfa" 
Vpper  Chipo  ikes,   that  there    might  be  granted  vnto 
them  the  priviledge  of  a  parish  which  they  desire  may 
bee  called  Soutuwark  parish,  It  is  accordingly  assent- 
ed  unto  and  enacted,  provided  they  pay  and  satisfie  vn- 
to the  minister  of  James  Citty  all  customary  tithes  and 
dues  and  all  rates  and  taxes  allready   assessed  and  to 
be  assessed  for  and  toward  the  finishing  and  repair? 
ing  of  the  church  att  kJa:  Citty. 


ACT  XL 


WHEREAS  by    the  2d*  act  of  a  Grand   Assem-  Act  IV  ol 
%    a'o.     1645,    It     was   ordered    and    established  5«Si2f 


*  \rt  TV  of  tMs«?olIeettO0. 


LAWS  OF  VIRGINIA 


Millers  to 
provide  sta- 
tute weights 
and  scales. 
Penalty  for 
not  grinding, 
or  exacting 
more  than 
legal  toll 
or  not  provid- 
ing weights, 
k.c.  at  the  dis- 
cretion of  the 
nearest  coun- 
cillor or  com- 


for  reformeing  the  greate  abuse  of  Millers  in  exacting 
excessive  and  illegal!  toll  that  noe  person  or  persons 
vseing  or  occupyinge  any  mill  should  take  or  receive 
for  the  grindeing  of  any  graine  that  should  be  brought 
vnto  them  above  the  sixth  part  thereof  for  tolle,  which 
act  hath  not  taken  such  effect  as  was  intended  thereby 
in  respect  (as  is  conceived)  neither  penalty  was  impos- 
ed therein  vpon  the  offender  nor  the  execution  thereof 
was  given  in  direction  to  any  particular  officer,  It  is 
therefore  thought  jitt  to  in  large  the  said  act,  and  by 
vertue  hereof  to  require  all  millers  or  owners  of  mills 
to  provide  by  the  flirst  of  ffebruary  next  statute  weights 
and  scales,  by  which  they  are  to  receive  in  and  deliver 
out  all  grayne,  And  that  they  do  sufficiently  grinde  tiie 
sayd  grayne  soe  brought  vpon  such  penalty  in  case  they 
do  exact  beyond  the  said  proportion  for  grindeing,  or 
in  case  of  default  of  such  weights  and  scales,  or  (or  not 
sufficient  grindeing,  as  shall  be  thought  ritt  according 
to  the  discretion  of  the  next  adjoyning  councellor  or 
corrt'i. 


Act  establish- 
ing ferries  at 
the  expense  of 
county  repeal- 
ed. 

Co'ty  courts 
may  grant 
leavf:  to  esta- 
blish ferries  at 
the  instance  of 
individuals, 
and  fix  the 
rate?. 


ACT  XII. 

WHEREAS  the  great  charge  of  fferryes  in  many 
countyes  is  very  burthensome,  especially  to  some 
poore  people  scarce  att  all  makeing  vse  of  the  said  ffer- 
ryes, It  is  thought  jitt,  that  the  act  enjoyning  the  "keep- 
ing ol'fferrves  be  repealed,  And  in  case  any  places  shall 
be  found  necessary  to  have  fferrys  kept  there,  That  the 
county  courts  shall  have  power  to  grant  the  keeping 
of  the  said  fferrys  for  such  tyme  and  terme  of  yeares, 
and  for  such  rates  and  vpon  such  conditions  and  to 
such  persons  as  to  them  shall  seem  good  and  conveni- 
ent, not  charging  the  county  by  any  leavy  for  the  said 
fTerrys. 


Additional 
places  for  In- 
dians to  repair 
to  when  coin- 
ing on  iiiessa- 


ACT  XIII. 

IT  is  thought  fit t  to  condiscend,  That  Nicotowance 
or  any  other  Indians  comeing  vpon  messages  shall 
have  like  leave,  as  is  allreadie  by  act  of  Assembly 
granted  for  other  places,  to  come  in  and  repair  to  the 
houses  of  Capt.  Edward  Hill  att  Westover,  and  Capt. 
William  Tavler  att  Chjscake. 


\OVJvtfBER,lti4'J— -22d  CHARLES  1st.  340 

ACT  XIV. 

WHEREAS  by  act  of  Assembly  it  was  appointed,   Further  time 
That  such  people  as  were  driven  off  from  theire  plan-  6f3.y<ears 
tations  att  the   massacre   should  seate  the  same  before  f^j^'Vand 
December  now  next  ensueing :  And  forasmuch  as  the  on  account  of 
proprietors  of  the  said  lands  in  regard  of  theire  great  ,he  latc  ",!iS 
losses  sustcyned  by  the  late  warr,  and  the  want  of  ser-  ^lesent'scar. 
vants  together  with  the  present  scarcity  of  come  have  city  of  com. 
petitioned  for  further  time  before  theire  said  lands  may 
be  accompted   deserted,  It  is  therefore  granted  vnto 
them,  that  they    shall   have  a  further  respit  of  three 
yeares  granted  vnto  them  before  their  said  lands  shall 
be  accompted  or  adjudged  soe  deserted,  and  the  said 
act  not  to  be  interpreted  to  extinguish  any  quitt  rents 
STOwum-  due  "pnn  the  said  lauds. 


ACT  XV. 

IT  is  thought  jitt  that  there  be  added  to  the  40th*  act  of  1642  3. 

made  1642,  concerning?,  a  valuable  consideration  for  amended  w 

•     •!■'                    11                         i              j  as  to  deprive 

buudinge    and  clearing  to  be  made   to   men    seating  menofcoin- 

downe  vpon  the  land  of  other  men,  These  words  (vizt.)  pensatton  for 

Provided  they  had  no  lawful)  warninge  to  the  contra-  tnflir  ,,nPro^e- 

,  ;,    .    y            ,                 ~  .        r  ,,       °       .          .           ,n  m-nts  on  othci 

ry,  and  that  in  such  case  ot  lawtull  warnemgthey  shall  meos* lands 

:}Ot  have  anv  valuable  consideration.  if  they  have 

notice  of  a 
prior  title. 

ACT  XVI. 

IT  is  thought  jitt  that  vnto  the  act  forbidding  merce-  Attomies  are 

nary  attorneys,!  It  bee  added  that  they  shall  not  take  pot  directly  m- 

any    recompence  either   directly  or  indirectly.     And  ("kean^fee? 

that    it   be    further  enacted,  That  in  case  the    courts  Court  may 

shall  perceive  that  in  any  case  either  pit.  or  defendant  ODen  the 

by  his  weakeuess  shall  be  like  to  loose  his  cause,   that  p'^  sJ^j' 

they  themselves  may  either  open  the  cause  in  such  case  person  out  of 

of  weakness  or  shall  appoint  some  fitt   man  out  of  the  jhePeoPl(- 

people  to  plead  the  cause,  and   allow  him  satisfaction  weak\paj*y. 

requisite,  and  not  to  allow  any  other  attorneys  in  pri-  No  other 

vate  causes  betwi.xt  man  and  man  in  the  country.  attomies  to 

oe  .'lomittpft. 
*  Act  XXXMI  of  this  collection. 
Act  VI!  of  w   |fi45. 


35U 


LAWS  OF  VIRGINIA, 


Commits  rs. 

of  county 
courts  to  be 
punctual  in 
their  attend- 
ance. 

Not  to  absent 
themselves 
without  the 
consent  of 
£he  rest  of 
the  coni'rs. 

If  good  cause 
<jf  absence, 
must  make  it 
in  writing 
and  prove  it 
*o  be  true. 


Penalty  for 
iSreach  of 


ACT  XVII. 

WHE'lEAS  there  hath  been  great  neglects  in  the 
attendam-e  of  many  comissioners  of  the  county  courts 
whereby  much  prejudice  and  charge  have  happened  to 
those  persons  that  have  had  cause  to  repair  thither, 
Be  it  therefore  enacted,  That  all  comiss'rs.  respective- 
ly shall  duely  attend  all  the  said  county  courts  which 
they  are  comanded  to  hold  by  act  of  Assembly,  And 
shall  not  depart  or  absent  themselves  from  thence 
without  the  lycense  and  consent  of  the  rest  of  the 
comissioners  there  present,  and  if  it  shall  happen  any 
of  them  shall  nave  a  lawfull  eause  of  absence.  It  is 
thought  fitt  that  in  such  case  they  do  vpon  the  first  day 
of  the  court  by  writeing  signifie  the  said  cause  to  the 
courte,  and  do  prove  the  same  at  the  next  ensueing 
court,  or  else  Denig  delinquent  in  the  premises  every 
comissioner  soe  offendinge  to  forfeit  300  lb.  of  tob'o. 
to  be  imposed  by  the  said  court  for  every  such  absence 
or  neglect,  and  the  same  to  be  disposed  of  by  the  dis- 
cretion of  the  comissioners  for  the  countyes  vse. 


Former  act 
declaring 
debts  for  wine 
or  strong  wa- 
ters not  reco- 


ACT  XVIII. 


WHEREAS  an  act  formerly  madej  and  afterward 
repealed^  forbiddinge  wine  and  strong  water  debts  to 
be  pleadable  is  againe  conceived  very  vsefull  and  pro- 
fitable to  the  well  fa  re  of  this  collonie,  It  is  now  thought 
cTand  madT"  fiU  to  rev»ve  tne  said  act  and  th  it  it  be  perpetually  es- 
perpeuiai.         tablished,  that  from   and   after  the  publication  hereof 
noe  wine   or  strong  water  debts  shall  in  any  sort  att 
any  time  or  times  hereafter  be  allowed  or  pleadable  in 
any  court  of  justice  in  this  collonie,  Provided  this  act 
Proviso  extend  not  to  wine  or  strong  waters  to  be  sold  by  whole 

sale  aboard  any  shipp  before  the  landing  thereof,  and 
within  three  months  now  next  enstteinge. 


ilog  stealing 
punishable 
by  fine  of 
7000  1b.  of 


act  xrx. 

WHEREAS  the  stealing  and  killing  of  hoggs  is  a 
generall  crime  vsually  c omitted  and  seldom  or  never 
detected  or  prosecuted  in  this  collony, 


{  Act  VIII  Oct  1641 
5  Act  XH.  1644-rn 


NOVEMBER,   1647— 22d  CHARLES  1st. 


:J51 


Be  it  therefore  enacted  for  the  better  prevention 
thereof,  that  whosoever  shall  steale  or  vnlawfullv  kill 
aiiy  hogg  which  is  not  his  owne,  and  that  said  fact  be 
proved  by  sufficient  evidence,  he  or  the  soe  offending 
shall  pay  to  the  owner  of  the  said  hogg  the  sume  of 
one  thousand  pounds  of  tob'o  and  one  thousand  pounds 
of  toVo.  more  to  the  informer,  And  in  case  of  inabili- 
ty to  pay  and  satisfie  the  said  sumes  the  person  soe  of- 
fendinge  shall  serve  two  years  (vizt.)  one  yeare  to  the 
right  owner  of  the  said  hogg,  and  the  other  jear  to  the 
informer  ;  and  no  person  being  required  therevnto, 
vpon  paine  of  vehement  suspition,  may  at  anie  time  re- 
fuse to  declare  and  manifest  the  markes  of  any  hogg 
or  hoggs  lately  killed  by  him  or  otherwise  denie  to  be 
aydeing  and  assistinge  in  the  inquiry  after  any  hoggs 
soe  stollen  or  vn  law  fully  killed  as  aforesaid,  And  be  it 
also  enacted  that  the  clause  of  the  7th  act,  1642,  make- 
ing  hogg-stealing  felonie  bee  from  henceforth  re- 
pealed. 


tobacco,  one 
halt  to  the 
owner,  the 
other  to  the 
informer. 
1 1  offender 
unable  lo 
satisfy  those 
sums  to  servt- 
2  years,  one 
to  owner,  the 
other  to  in- 
former. 
Person  sus- 
pected to  de 
clare  the 
marks  of  any 
hog  lately 
killed  by  him. 

Former  act 
making-  hog- 
stealing  felonv 
repealed 


ACT  XX. 


WHEREAS  there  is  and  hath  been  great  neglect  in 
the  payment  of  the  quilt  rents  vpon  the  motion  of 
the  treasurer,  for  remedy  shereof,  Bee  it  enacted  and 
declared  asflloiveth,  That  the  delinquents  in  the  pay- 
ment of  any  q^iitt  rents  shall  bee  destrayued  vpon  the 
lands,  by  the  treasurers  receivers  bydirection  and  war- 
rant from  him  vnder  his  hand,  And  that  if  any  will 
repleavy  their  goods,  then  giveiug  good  caution,  their 
allegations  shall  be  heard,  either  ait  the  countie  courts 
or  before  the  Governour  and  Council,  And  the  King's 
suits  and  debts  to  be  preferred  before  any  other,  And 
thai  all  courts  and  officers  ought  to  be  assistant  therein 
and  proceed  according  to  the  laws  of  England, 


Quit  rents 
may  be  dis- 
trained for ; 
k  replevied 
on  giving  se 
curity,  Si  the 
party  heard 
before  the 
co'ty  courts, 
or  gov.  and 
council. 

King's  debts 
to  be  preferre  •'• 
to  all  others 


ACT  XXI. 

WHEREAS  by  act  bearing  date  the  Oct  it>4t> 

fit  was  enacted,    That   there  should   be   no   dealing  repealed* & 

^_____  merchant 

"  Act  IV  of  this  collection 
>  Tiii.  refers  to  Art  XI.  of  Oct.  i«vt< 


352 


LAWS  OF  VIRGINIA. 


buying-  lob'o. 
to  pay  the 
planters  for 

their  casks. 


for  caske  with  tob'o.  This  Grand  Assembly  think  fit 
and  accordingly  do  declare,  that  the  said  act  be  ab- 
solutely repealed,  and  instead  thereof,  Bee  it  enacted, 
That  the  merchant  or  any  other  dealing  lor  tobacco  and 
caske  do  in  particular  allow  the  planter  satisfaction  for 
his  caske. 


ATT    A 

BEGINNING  THE  TWELFTH  OF  OCTOBER, 

1648.* 


ICF  The  MS. 
from  which  the 
acts  of  this 
session  were 
printed,  is  now 
in  the  library 
of  Congress  at 
Washington. 


[From,  a  MS.  received  from  Edmund  Randolph,  Esq 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq, 
after  whose  death,  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.] 


Tract  01'  land 
between  Rap- 
pahannock 
and  Potoraack 
livers  called 
Northumber- 
land  county. 


ACT  I. 

IT  is  enacted  by  the  Governour,  Council  and  Bui'- 
gesses  of  this  Grand  Assembly,  That  the  9th  act  of 
Assembly  a'o.  1647f  for  the  reduceing  of  the  inha- 
bitants of  Chickcoun  and  other  parts  of  the  Neck  of  land 
between  Rappahanock  River  and  Potomack  River  be 
repealed,  and  that  the  said  tract  of  land  be  hereafter 
called  and  knowne  by  the  name  of  the  count}'  of  Nor- 
thumberland^ And  that  from  henceforth    they  have 

*  See  act  II.  of  Nov.  1647,  by  which  the  assembly  was  adjourned 
(othe  1st  of  October,  1648. 

+  This  is  an  erroneous  reference,  as  indeed  most  of  the  references 
in  the  MS.  acts  are  ;  no  such  law  as  this  appearing  among  the  acts 
of  1647.     See  act  XXIX-  of  October  1646. 

%  The  name  of  Northumberland  first  occurred  in  the  lXthacto! 
February,  1644-5.  In  November,  1645,  it  was  represented  by  one 
member  in  the  General  Assembly,  as  also  in  November  1647.  See 
fente  pa.  294,  299.  837.  338, 340 


U«  TUBER,   1648— 23d  CHARLES   In.  353 

power  of  electing  Burgesses  for  the  said    county   to  Inhabitants 
serve  att  Assemblies  vpon  lawful  sumons  from  the  Go-  j^/  eglect 
vernour,  which  they  are  authorized  to  dot-  by  vertue  of 
this  act  to  the  next  sessions  of  this  Assembly,  And  it  Patents  to  is- 
is  further  thought  fitt  that  patents  be  granted  vnto  them  Sl»' 
lor  theire  lands  with  such  reservations  and  provisoes  &: 
vpon  such  certificates  of  right   as  is  vsuall  granted  to 
the  planters  by  vertue  of  his  Majesties  instructions  or 
otherwise,  And  it  is  further  enacted,  That  the  said   in-  Inhabitants 
habitants  de  futuro  be  rated  proportionally  in  all  lea-  ,0  be  Ia,ed 
vyes  to  the  rest  of  the  inhabitants  of  the  collony,  And  biy I^ti|l°ihe 
that   they  make  payment  of  all  assessments  made  by  rest  of  the 
this  Assembly  and  all  arrears  due  from  them,  for  which  colo,1-v  in  t'l< 

.i     ■  i       •         i-i  T-i  •     rt         ,  ii  i  payment  of 

their  so  doemg  Capt.  i  rancis  roytliers  hath  vnderta-  taxes,  &c. 
ken  to   the  Assembly   who  is  therefore  authorized  to 
collect   the  same,   with   power  to  distreyn  in   case  of 
refusal!  either  of  the  said  arrears  or  of  the  leavye  or- 
dered ottthis  sessions  of  Assembly. 


ACT  Ii, 

VPON  the  humble  representation  of  the  Burgesses  inhabitants 
to  the   Governour    and    Council    of    the    great    and  ma>'  remove 

,  .   •  /•    ,.  /.i      •    i     i  v  ;1IH'  settle  on 

clamorous  necessities  ol  divers  ot  the  inhabitants  occa-  t))e  nor(h 
sioned  and  brought  vpon  them  through  the  mean  pro-  side  of  Cha's. 
duce  of  their  labours  vpon  barren  and   over- wrought  fnd  wppa- 

r         .  /■     i     •  ii    hannock  n- 

grounds   and   the  apparent  decay  oi  their  cattle    and  ver>  after  tne 
hoggs  for  want  of  sufficient  range,  which  after  serious  1st  of  Sep. 
consideration  they  had  found  and  vnanimously  agreed  16  9 
to  be  the  state  of  a  very  considerable  number  of  the  in- 
habitants, and  that  therefore  leave  might  be  forthwith 
granted  vnto  them  to  remove  and  seate  vpon  the  north 
side  of  Charles   River  and  Rappahanock  river;  The 
Governour  and  (  ouncill  vpon  debate  of  the  matter  did 
condescend    to  the  substance  of  their   desires  but  for 
reasons  of  state  to  them  appearing  importing  the  safe- 
ty of  the  people  in  their  seating,  did  think    fitt  to  re- 
straine  them  to  a  further   limitation  of  time  (vizt.)  to 
the  first  of  September  next :  And  for  their  better  as- 
surance to  the  intent  also  that  provision  might  be  made 
by  such  as  intend  to  remove  of  arms  and  amunition  &. 
other  accomodations  for  building  and  clearing,  It  was 
thought  fitt  that  an  act  should  pass  at  this  Assembly 
and  accordingly  it  is  enacted  by  the  Governour,  Coun- 

2  W 


354 


LAWS  OF  VIRGINIA 


Patents  to  is- 
sue in  the 
mean  time. 

Act    declar- 
ing it  felony 
to  go  to  the 
north  side  of 
Charles  ri- 
ver repealed. 
Proviso   as  to 
killing  wild 
cattle  or 
hog?. 


all  and  Burgesses,  That  at  the  said  prefixed  day  ot' 
the  first  ot*  September  and  from  that  day  and  not  be- 
fore it  shall  be  free  and  lawful]  for  an  J  of  the  inhabi- 
tants to  remove  themselves  and  their  familys  to  the  a- 
foresaid  north  side  of  Charles  River  and  Rappahanock 
River;  And  that  in  the  mean  time  it  shall  be  free  and 
lawfnll  for  all  persons  haveing  right  to  lands  to  make 
survey  and  take  out  patents  for  land  vpon  the  said  pla- 
ces :  And  it  is  further  thought  Jitt,  That  the  act  or- 
deining  it  to  be  fTelony  to  goe  to  the  north  side  of 
Charles  River  be  repealed  and  made  void  :  Provided 
that  it  shall  not  be  lawfull  for  any  person  or  persons  to 
kill  any  wild  cattle  or  hoggs  vpon  the  said  north  side 
without  licence,  first  obteined  from  the  Govrnour  fc 
iheire  soe  doing. 


i£aci>  couut} 
liable  for  its 
proportion  of 
public  taxes. 


Commissrs- 
may  distrain, 
or  take  the 
body  of  de- 
linquent in 
execution. 
County  to  be 
re-assessed 
to  make  good 
insolvencies, 
but  uo  insol- 
vencies to  be 
allowed  a- 
gainst  the 
public. 


ACT  III. 

WHEREAS'  through  the  default  of  some  par 
ticular  counties  in  payment  of  leavies,  It  hath  of- 
ten happened  that  the  burden  of  taxes  hath  been  aug- 
mented to  the  rest  of  this  collonie  who  had  formerly 
discharged  whatever  was  due  from  them,  ffor  preven- 
tion of  the  like  grievance  hereafter,  It  is  enacted,  that 
every  particular  county  shall  be  responsible  to  the  pub- 
lique  for  all  arrers  ffor  which  the  sherrifis  or  collectors 
have  taken  bill  or  have  otherwise  made  debts  to  the 
vse  of  the  country ;  And  that  the  said  bill  or  other  as- 
surances of  debts  aforesaid  be  delivered  vp  to  the  co 
missioners  of  the  county  respectively,  who  are  herein' 
authorized  to  distreine  vpon  the  debtors,  or  as  they 
shall  find  cause  to  imprison  their  persons  in  case  of  re- 
fusall  or  non-payment,  As  also  what  the  debtor  shall 
be  found  insolvent,  that  then  the  said  commiss'rs.  doe 
rate  the  county  per  poll,  according  to  custome  for  the 
satisfying  of  the  said  arrears,  And  that  no  arferes  to 
the  publique  de  preterito  be  allowed,  but  the  persons 
or  counties  as  aforesaid  defaulting  be  liable  thereto. 


A  guard  of 
10  men  al- 

rowed  the 


ACT  IV. 

VPON  consideration  had  of  some  treacherous  at- 
tempts threatened  by  the  salvages  towards  the  per- 
son of  the  Gov'r.  wherevnto  he  is  dayly  exposed  bv 


OCTOBER.  L648— 23d  CHAKLES  1st. 

reason  of  their  frequent  resort  to  him  vpoo  pretence  gov.  fan  - 
of  publique  negotiations,  as  also  being  sensible  of  the  aUed^ecfat* 
many  disarlections  to  the  government  from  a  schisma-  tempts  upon 
ticall  party,  of  whose  intentions  our  native  country  of  1,IS  ',l<>.l,.v 

t  111*    1  Jill  i'\  US 

England  hath  had  and  yet  hath  too  sad  experience,  and   wno  visit 
also  for  many  other  reasons  appearing  of  weight)  re-  bimonpre- 
eard  to  thi-  Assembly,    It  is  thought  fitt  and  enacted,  ,e,H.e  of  "V 
1  hat  the  Govern  r.  will  please  to  presse  ten  able  men  also  n  m  tiie 
with  arms  and  ainunition  competent  to  attend  vponhim  tii*j*ffc   ion 
as  a  guard  to  his  person  and  to  employ  them  in  such  ternment 
services,  either  in  publique  or  private  affaires  as  he  manifested 
shall  think  fitt,  and  that  for  their  salary  or  wages  of  by  aschisma-. 
each  person  there  be  leavied  two  thousand  pounds  of  hereandin 
tobacco,  in  toto  20000  lb.  of  tob'o.  from  the  publique  England 
the  next  year  (vizt.)  J 049.  Th'ir 


ACT  V. 
THIS   Assembly   haveing  knowledge  that   divers  Rccilal  OJ  " " 

•  p  ?  ...  .         complaints  of 

persons  vpon  occasion   of  a  presse  ot  souldiers    by  the  people, 
warrant  from  the  Govern'r.  or  by  order  from  the  Gov',r.  that  ihe  pre.« 
and  council  out  of  a  mistake  in  opinion  do  conceive  "!s,of  ?ohl1 
their  liberties  and  the  lawesof  the  collonie  thereby  in-  g0v.  &coun- 
fringed   and  themselves  particularly  injured,  the  au-  <;il  without 
thority  of  an  Assembly  not  concurring  therein.     It  is  "£'  °?  jjfff.?" 
therefore  thought  Jitt  not  by  law  to  establish,  but  to  de-  fringement 
clare  the  judgment  of  this  Assembly  vppon  pervsall  of  «» their  li 
his  Ma'ts.  comission  and  instructions   that  by  vertue  xhe'assem- 
of  the  said  com'on  and  instructions  full  and  ample  pow-  biy  declare 
er  is  derived  from  his  Majesty  to  the  Governour  and  that  Sl,rh , 

^  ..  ,  j  power. s  de- 

Council  to  make  peace  or  warr,  and  as  a  necessary  con-  nVed  from 

sequent  to  levy  or  presse  men  or  other  provisions  for  *»«  k>ng  by 
the  warr  vpon  any  emergent  occasion  to  which  power  ™|,lm°f- tlie 
in  the  comission  litterally  expressed,  we  may  not  pre-  &  instructi- 
sume  to  conceive  that  any  act  of  Assembly  can  add  ,,ns  to  thc  &°* 
strength  or  vigor,  but  that  all  his  Ma'ts.  subjects  are  in  Jhauhey"1*1 
loyaltie  and  in  due  obedience  to  his  sacred  Ma'tie.  ob-  ought  to  ob- 
liged  therevnto  :  And  we   ought  humbly  to  acknow-  know|edge 

i    j        i  •     hi    •  i  /•  i  •  i  •  •  i       "is  majesty  s 

ledge  his  Majesties  royal  care  of  his  subjects  in  estab-  royai  care  for 
lishing  such  a  power  wherein  are  naturally  placed  so  establishing 
many  concernments  to  the  peace  and  safety  of  all  good  such  a  pow" 
subjects,  many  accidents  not  admitting  delay  of  time 
nor  those  slow  motions  of  great  counsel  Is.  ., 


356 


LAWS  OF  VIRGINIA, 


lax  on  pro- 
perty abo- 
lished and 
taxes  on  tiih- 
able  persons- 
only  retain- 
ed.' 


ACT  VI. 

IT  is  enacted,  That  the  act  of  Assembly  which  or- 
deined  all  Jeavyes  hereafter  to  be  made  should  be 
raised  from  lands,  horses,  mares,  sheepe,  &c.  from 
tithable  persons,  be  hereby  repealed  and  made  void,  it 
being  onely  intended  for  the  better  support  of  the  warr 
and  no  longer  to  continue  or  bee  in  force,  And  in  stead 
thereof  it  is  enacted,  according  to  custome  heretofore 
vsed  all  leavyes  be  hereafter  raised  vpon  tithable  per 
sons  by  the  poll. 


Collectors 
appointed  at 
the  last  as- 
sembly hav- 
ing perform- 
ed their  du- 
ties with  in- 
tegrity, col- 
lectors a- 
gain  to  be  ap- 
pointed. 


Power  oi 
distress 


Collectors  of 
Norampton 
and  E.  City. 


ACT  VII. 

BE  it  also  enacted,  That  whereas  through  the  great 
defaults  and  neglects  of  sherrifls  in  the  publick  collec- 
tion, the  credit  and  reputation  of  the  collonie  hatlj 
been  much  blemished,  the  last  Assembly  did  think  fitt 
to  order  that  collectors  in  several!  limits  by  them  ap- 
pointed should  for  that  year  be  authorized  for  the  ga- 
thering in  and  collecting  the  leavy,  which  this  Assem- 
bly have  found,  vpon  audit  of  their  severall  acco'ts. 
they  have  performed  with  great  integrity,  and  to  a  ve- 
ry small  matter  duly  discharged  (some  few  excepted.) 
That  there  be  collectors  again  appointed  by  the  comis- 
sioners  of  the  severall  counties  within  such  precincts 
and  lymitts  as  they  shall  think  fitt  for  the  gathering  in 
and  receiving  of  the  leavye  by  this  present  Grand  As- 
sembly assessed,  who  are  authorized  with  the  same  &; 
the  like  power  to  distreine  in  case  of  non-payment  as 
any  sherriff  or  sherrifls  by  vertue  of  any  act  of  Assem- 
bly might  doe  or  vsually  have  done  in  the  like  cas«s, 
Provided  that  notwithstanding  any  thing  in  this  act  to 
the  contrary,  That  Mr.  Nathaniel  Littleton,  Esquire, 
and  Mr.  Edmond  Scarbrough  have  the  power  of  col- 
lecting the  leavye  of  Northampton  county  ;  and  Mr. 
Anthony  Elliot  for  Elizabeth  county,  from  whom  the 
Gov'r.  is  pleased  to  accept  of  pay  and  to  discharge  the 
country  as  well  of  what  is  due  to  himselfe,  as  also  of 
what  is  due  to  Mr.  Morrison. 

WILLIAM  BERKELEY. 
THO  :  HARWOOP. 


OCTOBER,  1648-23d  CHARLES  lsr.  357 

ACT  VIII. 

Clerks  of 

IT  is  enacted  and  unanimously  agreed  vpon  bit  this  co  '-v  C('l,rts 

n  7/1  11        mi  T-     i     ■  »    *  to  produce 

present  brand  Assembly,    1  hat  each  clerke  ol  courts  their  acco'ts 
shall  produce  his  gene'll.  acco'ts.  to  the  said  court,  and  to  ti>eir  re- 
after  their  approbation,  their  dues  shall  be  seized  or*  by  courta^and 
the  collectors  by    way  of  distresse  in  case  they  deny  being  appro 
payment,  They    pavintr  the   collectors   for  receiving  ved  by  the 

fu   •  **!♦<•»  J  .  court,  may 

their  tobacco  at  the  rate  ol  tenn  pounds  per  cent.  be  Strained 


WILLIAM  BERKELEY. 
THO:  HARWOOD. 


for. 


ACT  IX. 

IT  is  enacted  further  by  this  present  Grand  Assem-  Adjournment 
,  T       m,  ,        .  iii  i-  i  i  .     of  the   assem- 

bly,   1  hat  the  Assembly  be  adjourned  vnto  the  tenth  biytothe 

day  of  flebruary  next,  and  the  council  are  all  enjoyned   Wth  of  Feb. 

to  be  then  present  to  attend  there  his  Majesties  service 

and  the  affairs  of  the  country. 

WILLIAM  BERKELEY. 


f-i '■.  r.)    , 


"VSflBHu 


Held  at  James  City  the   10th  day  of  October, 

1649.* 


Tbe  MS. 
from  which 
the  acts  of 
this  session 
were  printed. 
is  now  in 
the  library 
of  Congress, 
at  Washing- 
ton 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
ivho  transmitted  it  to  his  soji  Peyton  Randolph,  Esq. 
after  whose  death,  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph.  Esq.~\ 


The  Bnrc:esses  names: 


James  County 


|  Mr.  Walter  Chiles 
|  Mr.  Thomas  Swan. 
J  Mr.  Wm.  Barret, 
\  Mr.  Geo  :  Read, 
|  Mr.  Wm.  Whittaker. 
l^Mr.  John  Dunston. 


*  Charles  the  1st  was  beheaded  on  the  30th  of  January,  1649. 
From  that  period,  the  commonwealth,  in  England,  commenced ; 
and  it  continued,  under  different  modifications,  till  the  restoration 
of  Charles  the  2d  in  1660. — Oliver  Cromwell  was  declared  Protec- 
tor, on  the  9th  of  January,  1654,  and  died,  on  the  13lli  o:  Septem- 
ber, 1658. — His  son  Richard  was  nominated,  by  him,  as  his  succes- 
sor, and  assumed  the  reins  of  government  accordingly  ;  but  resign- 
ed them  in  1659. — On  the  dissolution  of  the  monarchy,  in  England, 
doubts  existed,  in  this  country,  whether  the  powers  of  the  governor 
and  council,  and  of  all  the  other  officers  of  government  deriving  their 
appointments  from  them,  were  not  extinct. — This,  unquestionably, 
gave  rise  to  one  of  the  provisions  of  the  first  act  of  this  session  ; 
which  made  it  highly  penal  to  maintain  such  doctrine.  The  princi- 
ple was,  however,  solemnly  recognized,  by  the  first  article  of  the 
invention  entered  into  between  the  commissioners  of  the  parlia- 
ment of  England,  and  the  governor,  council  and  burgesses  of  Vir- 
ginia, on  the  12th  of  March,  1651,  "That  the  former  government, 
'  by  the  commission  and  instructions  was  void  and  null." — It  is  ob- 
servable, that  the  names  of  the  governor  and  members  of  the  coun- 
cil, are  not  prefixed  to  the  acts  of  this  session,  as  had  been  usual, 
in  all  the  preceding  ones ;  and  the  same  rule  obtained  till  the 
March  session  1659-60.  During  Ihe  suspension  of  the  regal  go- 
vernment, in  England,  the  governor  and  council  of  Virginia  were 
•  Tiocei   by  the  hot»*e  of  burgesses,  for  short  period*,  nnlv      Sntnp-> 


OCTOBER,  l«49— 1st  OF  COMMONWEALTH.  j59 

Hpnrico — Mr.  Wm.  Hatcher. 

r\      1       r\,*„  S  Capt.  Edward  Hill, 

Charles  Cittv  1  AI  r  0.  ' 

(  Air.  diaries  Sparrow. 

(  Capt.  Thos.  Harwood, 
Warvv.  Count)-  2  Speaker, 

(  Mr.  John  Walker. 

Isle  of  Wiffht  5  Mr'  Gem'£e  Handy, 

We  or   wi0nt  JM|.   RobmPltt 


Nansimum 


S  Mr 
I  Mr 


Mr.  Jo.  Carter, 
Toby  Smith. 


L,,.     I    ,i   .,-,,•  S  Le\  t.  ^V m.  \\  orheh. 

Elizabeth  Critic  <  AT      r     „   , .  . 

(  Air.  Jo.  Kobbms. 

r  tvt     ,-.-  (  Mr.  Bartho.  Hoskin?. 

Lower  INortl  '  ^        T 

Mr.  Iho.  Lambert. 

Y    ,  S  Capt.  Ralph  Wormelj  , 

<  Mr.  Rowland  Burnham. 

v    t,       ,      i  S  Capt.  Francis  Portlier.-. 

^Northumberland  ■   nf  rT     rri         n 

(.  Mr.  Jo.  rrasseH. 

ACT  I. 

WHEREAS  divers  out  of  ignorance,  others  out  of     Recital 
malice,  schisrae   and  faction,   in    pursuance  of  some  thetV1"!'    . 

.       '  .     .  .  '  1  conviction  & 

designe    ot    innovation,    may    be   presumed    to   pre-  death  of  u> 
pare  mens'  minds  and  inclinations  to  entertaine  a  good  late  king 

1. 1     .  /*     i*  •  i  ■         i  i        •   i  l*  diaries  l^t. 

ikemg  ol  their  contrivement,  by  casting  oleinishes  ot  and  of  t!i;„ 

dishonour  vpon  the  late  most  excellent  and  now  vn-  treasonable 
doubtedly  sainted  king,  and  to  those  close  ends  vindi-  principles  L 
eating  &.  attesting  the  late  proceedings  against  the  said  tne  republi- 
blessed  King  (though  by  so  much  as  they  may  seeme  cans, h» as- 
tro have  colour  of  law,  and  forme  of  justice,  they  may  persinghis 
be  truly  and  really  said  to  have  the  more  and  greater 
height  of  impudence.)  And  vpon  this  foundation  of  as- 

tiraes  the  appointment  was  made  by  a  resolution  of  the  burgesses ; 
at  others,  the  governor  was  appointed  by  an  act  of  assembly  ;  and 
not  unfrequcntly  a  collision  took  place  between  the  governor  and 
house  of  burgesses,  as  to  the  limitation  of  his  power,  which  always 

terminated  in    favor  of  the  rights  and  privileges   ot  the  house. 

lution  of  the  burgesses  of  April  30th,  1652 — March,  1655 — 
March  1657 — March,  1658 — March,  1659.  It  appears,  from  the 
proceedings  of  the  assembly  of  the  1st  of  April,  1658,  that  the  go- 
vernor and  council  undertook  to  dissolve  the  house  of  burgesses; 
but  they  peremptorily  refused  to  be  dissolved,  and  passed  a  number 
of  resolutions  declaratory  of  their  own  power,  and  denying  tb< 
ris;ht  of  the  ffovernor  and  council  to  dissolve  them. 


360 


LAWS  OF  VIRGINIA, 


and  denying' 
the  divine 
right  of 
kings  ;  in  as- 
serting that 
the  commis- 
sion and  all 
magistracy 
depending 
thereon  is 
null  and  void 


To  defend 
the  late  pro- 
ceedings a- 
gainst  the 
king,  by  rea- 
soning, dis- 
course or  ar- 
gument, 
makes  the 
person  guilty 
an  accessory 
after  the  act, 
to  the  death 
of  the  king. 


"J'o  asperse 
his  memory, 
punishable  at 
the  discreti- 
on of  the  s;ov. 
and  council. 


To  doubt  the 
right  of  suc- 
cession of 
Charles  2d, 
high  treason. 


serting  the  cleerness  and  legality  of  the  said  vnparalel'd 
treasons,  perpetrated  on  the  said  King,  doe  build  hopes 
and  mferrences  to  the  high  dishonour  of  the  regali  es- 
tate, and  in  truth  to  the  vtter  disinherison  of  his  sacred 
Majesty  that  now  is,  and  the  devesting  him  of  those 
rights,  which  the  law  of  nature  and  nations  and  the 
knowne  lawes  of  the  kingdom  of  England  have  adjudg- 
ed inherent  to  his  royall  line,  and  the  law  of  God  him- 
selfe  (if  sacred  writ  may  he  soe  stiied  which  this  age 
doth  loudly  call  in  question)  hath  consecrated  vnto  him. 
And  as  arguments  easily  and  naturally  deduced  from 
the  aforesaid  cursed  and  destructive  principles,  with 
much  indeavour,  they  press  and  perswade  the  power  of 
the  comission  to  be  void  &s  null,  and  all  magistracy  and 
office  thereon  depending  to  have  lost  their  vigor  and 
efficacy,  but  such  means  assuredly  expecting  advanta- 
ges for  the  accomplishment  of  their  lawless  and  tyrra- 
nous  intentions, 

Be  it  therefore  declared  and  enacted  and  it  is  hereby 
enacted  by  Governour,  Council  and  Burgesses  of  this 
Grand  Assembly ,  and  the  authority  of  the  samefTh&t  what 
person  soever,  whether  stranger  or  inhabitant  of  this 
collony,  after  the  date  of  this  act,  by  reasoning,  discourse 
or  argument  shall  go  about  to  defend  or  maintain  the 
late  traiterous  proceedings  against  the  aforesaid  King 
of  most  happy  memory,  vnder  any  notion  of  law  and 
justice,  such  person  vsing  reasoning,  discourse  or  argu- 
ment, or  vttering  any  words  or  speeches  to  such  pur- 
pose or  effect,  and  being  proved  by  competent  witnes, 
shall  be  adjudged  an  accessory  post  factum,  to  the  death 
of  the  aforesaid  King,  and  shall  be  proceeded  against 
for  the  same,according  to  the  knowne  lawes  of  England; 
or  whoever  shall  go  about  by  irreverent  or  scandalous 
words  or  language  to  blast  the  memory  and  honour  of 
that  late  most  pious  King,  (deserving  ever  altars  and 
monuments  in  the  hearts  of  all  good  men,)  shall,  vpon 
conviction,  suffer  such  censure  and  punishment  as  shall 
be  thought  fitt  by  the  Governour  and  Council.  And  be 
it  further  enacted,  That  what  person  soever  shall  by- 
words or  speeches  indeavour  to  insinuate  any  doubt, 
scruple  or  question  of  or  concerning  the  vndoubted  &r. 
inherent  right  of  his  Majesty  that  now  is  to  the  collo- 
ny of  Virginia,  and  all  other  his  majesties  dominions 
and  conntryes  as  Kiner  and  Supream  Governour, Such 


OCTOBER,  1649— 1st  OF  COMMONWEALTH.  361 

words  and  speeches  shall  be  adjudged  high  treason  : 

Jlnd  it  is  also  enacted,   That  what  person  soever,  by  To  propose  a 

false  reports  and  malicious  rumors  shall  spread  abroad,  dia,,»eof  S°- 

r  i  j    vernment,  or 

among  the  people,  any  thing  tending  to  change  ol  go-  to  doubt  the 
vernment,  or  to  the  lessening  of  the  power  and  autho-  Power  of  <he 
rity  of  the  Governor  or  government  either  in  civil!  or  foveTnTnentf 
ecclesiasticall  causes  (which  this  Assembly  hath  and  equally  high 
doth  declare  to  be  full  and  plenario  to  all  intents  and  trea-son 
purposes)  such  persons  not  onelv  the  authors  of  such 
reports  and  rumours,  but  the  reporters  and  divulgers 
thereof,  (vnless  it  be  done  by  way  of  legail  information 
before  a  magistrate)  shall  be  adjudged  equally  guilty, 
and  shall  sutler  such  punishment  even  to  severity  as 
shall  be  thought  fitt,  according  to  the  nature  and  qua- 
lity of  the  offence. 


ACT  II. 

WHEREAS  it  appeareth  to  severall  Grand  Assem- 
blies that  the  lists  of  tithable  persons  are  verv  imper-  Who  to  be 

.  .  ,  i-i  i  !•         listed  as  nth 

lect,  and  that  notwithstandinge  the  yearly  importation  ables 
of  people  into  the  collonie,  the  number  of  tithables  in 
the  said  lists  is   rather   diminished  then   augmented, 
which  is  in  great  part  conceived,  by  this  Assembly,  to 
happen,  in  that  all  vnder  the  age  of  sixteen  yeeres  are 
exempted  from  the  lists,  and  that  once  passing  vnder 
that  age  they  are  seldom  or  never  acknowledged  to 
exceed  the  same,  in  respect  of  the  impossibility  of, 
or   at  least  vnlikelyhood  of  produceinge  conviuceing 
proofes  against  them  :  Bee  it  therefore  enacted,  for  the 
preventing  of  the  like  abuse  hereafter  through  false  &  All  maIe  sei 
imperfect  lists.  That  all  male  servants  imported  here-  vantsofwhat- 
after  into  the  collony  of  what  age  soever  they  be.  shall  ^"Smen o*r 
be  brought  into  the  lists  and  shall  be  liable  to  pay  coun-  natives  under 
try  leavyes,  excepting  in  this  act  such  as  are  natives  of  ™  years  of 
this  collony  and  such  as  are  imported  free,  either  by  agc' 
theire  parents  or  otherwise,  who  are  exempted  from 
leavies,  being  vnder  the  said  age  of  sixteen  years. 

And  it  is  further  enacted,  That  the  lists  be  yearly  ta-  When  the  lists 
ken  by  the  25th  of  June  at  the  furthest,  and  presented  ^J^™ 
to   the  county  courts,  and  that  the  pellicular  lists  be  to  conceal 
given  in  vnder  the  hand  of  the  masters  of  the  severall  tithable?. 
families,  who  are  to  pay  trebble  assessments  for  every 

2X 


362 


LAWS  OF  VIRGINIA, 


person  they  give  in  short  of  theire  due  number,  and  the 
ministers  are  to  have  tithes  of  all  such  as  are  now  ad- 
judged tithable. 


What  inhabi- 
tants included 
in  the  county 
of  Northum- 
berland, 


ACT  III. 

IT  is  enacted,  That  the  inhabitants  which  are  or 
shall  be  seated  on  the  south  side  of  the  Petomecke* 
River  shall  be  included  and  are  hereafter  to  be  accomp- 
ted  within  the  county  of  Northumberland. 


Weekly  mar- 
kets establish- 
ed in  Jas.  City. 
Boundaries. 


Bonds,  bills, 
&c.  executed 
within  those 
bounds,  on 
market  days, 
to  have  the 
force  of  ajudg- 
meut. 


Any  com:r.  of 
quorum  may 
issue  execution 
thereon. 
Clerk  of  the 
market,  bow 
appointed.  His 
fees. 


and  duties. 


ACT  IV. 

IT  is  also  enacted  and  it  is  hereby  granted  vnto  Jame-J 
Citty  the  priviledge  of  a  weekly  markett,  to  be  hoi- 
den  vpon  every  Wednesday  and  Saturday,  and  that  the 
market  place  be  bounded  (vizt.)  from  the  Sandy  Gutt, 
comonly  called  and  knowne  by  the  name  of  Peter 
Knight's  storehouse  westward,  and  soe  to  the  gutt  next 
beyond  the  house  of  Lancelott  Elay  eastward,  and 
bounded  on  the  north  side  with  the  back  river  :  And 
that  all  bonds,  bills  or  other  writings  vpon  any  bar- 
gaine  made  within  the  aforesaid  bounds  of  the  markett 
place  for  any  thing  sold  in  the  market  and  vpon  the 
markett  days,  between  the  hours  of  eight  in  the  fore- 
noon and  six  in  the  afternoon,  being  attested  vnder  the 
hand  of  the  clerke  of  the  market,  shall  have  the  force 
and  be  in  quality  of  judgment,  and  vpon  non-payment 
of  the  summe  in  such  bill,  bond  or  writeing,  according 
to  the  tenor  of  them  being  attested  by  the  aforesaid 
clerke,  It  shall  be  lawfull  for  any  coinissiuner  of  the 
quorum,  within  the  county  vpon  the  demand  of  the 
creditor  forthwith  to  grant  execution  as  in  case  of  a 
judgement  preceding.  The  said  clerke  of  the  markett 
to  be  appointed  by  the  governour,  and  his  flee  or  sa- 
lary to  be  four  pound  of  tob'o.  for  every  bond,  bill  or 
writeing  by  him  attested  in  case  the  same  be  above  300 
lb.  of  tob'o  :  but  in  case  the  summe  be  vnder  300  lb. 
of  tobacco  then  to  have  1  lb.  of  tob'o.  for  every  bill, 
bond  or  other  writinge  by  him  attested,  And  the  said 
clerke  of  the  markett  to  record  such  writeing  in  a  book 
for  that  purpose  to  be  kept. 

■  •'■  Potomack,"  originally  called. 


[The  following  important  State  Papers,  being  next  in 
order  of  time  to  the  Acts  of  1649,  are  inserted  in  this 
place.  In  the  MS.  they  are  arranged  among  the  Re- 
vised Acts  of  1657  ;  the  two  first  not  numbered,  but 
the  last  marked  as  Act  86.  See  also  Jefferson's 
Notes  on  Virginia,  Query  XIII,  pa.  119  of  1st  edit, 
pa.  214  of  last  edit,  where  the  first  and  third  of  these 
papers  may  be  found.] 


AT  THE  SURRENDER  OF  THE  COUNTRIE. 


Articles  agreed  on  and  concluded  at  James  Cittie  in  Vir-  Treaty  be- 
giniafor  the  surrendering  and  settling  of  that  plan-  tween  the 
tationvnder  the  obedience  and  goverment  of  the  Com-  Common- 
mon  Wealth  of  England,  by    the  commissioners  of  ja„d  and  th"* 
the  Councill  of  State,  by  authoritie  of  the  Parliament  colony  of  Vir 
of  England  and  by  the  Grand  Assembly  of  the  Gover-  &,nia 
nour,  Councill  and  Burgesses  of  that  countrey. 

FIRST,  It  is  agreed  and  cons^ed  that  the  planta- 
tion of  Virginia,  and  all  the  inhabitants  thereof,  shall 
be  and  remaine  in  due  obedience  and  subjection  to  the 
common  wealth  of  England,  according  to  the  lawes 
there  established,  And  that  this  submission  and  sub- 
scription bee  acknowledged  a  voluntary  act  not  forced 
nor  constrained  by  a  conquest  vpon  the  counirey,  And 
that  they  shall  have  and  enioy  such  freedomes  and  pri- 
viledgesas  belong  to  the  free  borne  people  of  England, 
and  that  the  former  government  by  the  comissions  and 
instructions  be  void  and  null. 

2dly.  Secondly,  that  the  Grand  Assembly  as  former- 
ly shall  convene  and  transact  the  affairs  of  Virginia, 
wherein  nothing  is  to  be  acted  or  done  contrarie  to  the 
government  of  the  common  wealth  of  England  and  the 
lawes  there  established. 

iidly.  That  there  shall  be  a  full  and  totall  remission 
and  indempnitie  of  all  acts,  words  or  wfiteings  done  or 
spoken  against  the  parliament  of  England  in  relation 
to  the  same. 


364  LAWS  OF  VIRGINIA, 

4thly.  That  Virginia  shall  have  and  enioy  the  anti- 
ent  bounds  and  lymitts  granted  by  the  charters  of  the 
former  Kings,  And  that  we  shall  seek  a  new  charter 
from  the  parliament  to  that  purpose  against  any  that 
have  inlreneht  vpon  the  rights  thereof. 

5thlv.  That  all  the  pattents  of  land  granted  vnder 
the  collony  seale,  by  any  of  the  precedent  Governours 
shall  be  and  remaiue  in  their  full  force  and  strength. 

fithly.  That  the  priviledge  of  haveing  ffiftic  acres  ot 
land  for  every  person  transported  in  the  collony  shall 
continue  as  formerly  granted. 

Tthly.  That  the  people  of  Virginia  have  free  trade 
as  the  people  of  England  do  enjoy  to  all  places  and  with 
all  nations  according  to  the  lawes  of  that  common- 
wealth, And  that  Virginia  shall  enjoy  all  priviledges 
equall  with  any  English  plantations  in  America. 

Sthly.  That  Virginia  shall  be  free  from  all  taxes,  ens- 
tomes  and  impositions  whatsoever,  and  none  to  be  im- 
posed on  them  without  consent  of  the  Grand  Assem- 
bly, And  soe  that  neither  ffortes  nor  castles  bee  erect- 
ed or  garrisons  maintained  without  their  consent. 

Othly.  That  noe  charge  shall  be  required  from  this 
country  in  respect  of  this  present  ffieet. 

lOthly.  That  for  the  future  settlement  of  the  coun- 
trey  in  their  due  obedience,  the  engagement  shall  be 
tendred  to  all  the  inhabitants  according  to  act  of  parli- 
ament made  to  that  purpose,  that  all  persons  who  shall 
refuse  to  subscribe  the  said  engagement,  shall  have  a 
yeares  time  if  they  please  to  remove  themselves,  and 
their  estates  out  of  Virginia,  and  in  the  mean  time  dur- 
ing th.e  said  yeare  to  have  equall  justice  as  formerly. 

1  lthly.  That  the  vse  of  the  booke  of  common  pray- 
er shall  be  permitted  for  one  yeare  ensueinge  with  re- 
ference to  the  consent  of  the  major  part  of  the  parish- 
es, Provided  that  those  things  which  relate  to  kingshipp 
or  that  government  be  not  vsed  publiquely ;  and  the 
continuance  of  ministers  in  their  places,  they  notmisde- 
meaning  themselves  :  And  the  payment  of  their  accus- 
tomed dues  and  agreements  made  with  them  respec- 
tively shall  be  left  as  they  now  stand  dureing  this  en 
sueing  yeare. 


MARCH,   1651-2— 2d  OF  COMMONWEALTH,  oQ5 

12thly.  That  no  man's  cattell  shall  be  questioned  as 
the  companies  vnles  such  as  have  been  entrusted  with 
them  or  have  disposed  of  them  without  order. 

13thly.  That  all  amunition,  powder  and  arms,  other 
then  for  private  vse  shall  be  delivered  vp,  securitie  be- 
ing given  to  make  satisfaction  for  it. 

14thly.  That  all  goods  allreadie  brought  hither  by 
the  Dutch  or  others  which  are  now  on  shoar  shall  be  free 
from  surprizall. 

15thly.  That  the  quittrents  granted  vnto  vs  by  the 
late  Kinge  for  seaven  yeares  bee  confirmed. 

16thly.  That  the  comissioners  for  the  parliament 
subscribing  these  articles  engage  themselves  and  the 
honour  of  the  parliament  for  the  full  performance  there- 
of: And  that  the  present  Governour  and  the  Councill 
and  the  Burgesses  do  likewise  subscribe  and  engage 
the  whole  collony  on  their  parts. 

RICH  :  BENNETT,  Seale. 

Wra.  CLAIBORNE,    Seale. 

EDMOND  CURTIS,  Seale. 

Theise  articles  were  signed  and  sealed  by  the  com- 
missionors  of  the  Councill  of  State  for  the  Common- 
Wealth  of  England,  the  twelveth  day  of  March, 
1651. 


Articles  for  the  surrendring  Virginia  to  the  subjection  Additional 
of  the  Parliament  of  the  Common  wealth  of  England,  treaty>  **- 
agreed  vppon  by  the  honourable  the  Comissioners  for  Common^ 
the  Parliament  and  the  hon'ble.  the  Governour  and  wealth  of  F.n- 
Councill  of  State.  eland>  and  the 

J  colony  of 

FIRST,  That  neither  Governour  nor  councill  shall  Vir&""a 
be  obliged  to  take  any  oath  or  engagement  to  the 
Common-Wealth  of  England  for  one  whole  yeare,  And 
that  neither  Governour  nor  Councill  be  censured  for 
praying  for  or  speaking  well  of  the  King  for  one  whole 
yeare  in  their  private  houses  or  neighbouring  confer- 
ence. 

2dly.  That  there  be  one  sent  home  at  the  present 
Governour'a  choice  to  give  an  acrompt  to  his  Ma'tie  of 


366  LAWS  OF  VIRGINIA. 

the  surrender  of  his  countrey,  the  present  Governour 
bearing  his  charges,  that  is  Sr.  William  Berkley. 

3dly.  That  the  present  Governour,  that  is  Sr.  Willi- 
am Berkeley  and  the  Council  1  shall  have  leave  to  sell 
and  dispose  of  their  estates,  and  to  transporte  them- 
selves whether  they  please. 

4thly.  That  the  Governour  and  Council  though  they 
take  not  the  engagement  for  one  whole  yeare  shall  yet 
have  equall  and  free  justice  in  all  courts  of  Virginia 
vntill  the  expiration  of  one  whole  yeare. 

5thly.  That  all  the  Governour's  and  Councill's  land 
and  houses,  and  whatsoever  belongeth  to  them  bee  per- 
ticularly  secured  and  provided  for  in  these  articles. 

6thly.  That  all  debts  of  the  Governour's  by  act  of 
Assembly,  and  all  debts  due  to  officers  made  by  the 
Assembly  bee  perfectly  made  good  to  them,  And  that 
the  Governour  be  paid  out  of  the  goods  remaining  in 
the  countrey  of  the  Dutch  ship  that  went  away  cleer 
for  Holland  without  paying  his  customs. 

7thly.  That  the  Governour  may  have  free  leave  to 
hire  a  shipp  for  England  or  Holland  to  carrie  away  the 
Governour's  goods,  and  the  Councill's,  and  what  he  or 
they  have  to  transporte  for  Holland  or  England  with- 
out any  lett  or  any  molestation  of  any  of  the 
State's  shipps  attsea  or  in  their  rivers  or  elsewhere  by 
any  of  the  shipps  in  the  common  wealth  of  England 
whatsoever. 

8thly.  That  the  Capt  of  the  flbrte  be  allowed  satis- 
faction for  the  building  of  his  house  in  fforte  Island. 

9thly.  That  all  persons  that  are  now  in  this  collonie 
of  what  quality  or  condition  soever  that  have  served 
the  King  here  or  in  England  shall  be  free  from  all  dan- 
gers, punishment  or  niulkt  whatsoever,  here  or  else- 
where, and  this  art'e.  as  all  other  articles  bee  in  as 
cleer  termes  as  the  learned  in  the  law  of  arms  can  ex- 
press. 

lOthly.  That  the  same  instant  that  the  comissions  are 
resigned  an  act  of  indempnitie  and  oblivion  be  issued 
out  vnder  the  hands  and  seales  of  the  comissioners  for 
♦he  parliament.  And  that  noe  persons  in  any  courte  of 


MARCH,  1U51-2— 2d  OF  COMMONWEALTH.  S8t 

justice  in  Virginia  be  questioned  for  their  opinions  given 
in  any  causes  determined  by  them. 

1  lthly.  That  the  Govemour  and  Councill  shall  have 
their  passes  to  go  away  from  hence  in  anie  shipps  in 
any  time  within  a  year:  And  in  case  they  goe  for  Lon- 
don or  other  place  in  England  that  they  or  anie  of  them 
shall  bee  free  from  anie  trouble  or  hindrance  of  arrests 
or  such  like  in  England,  and  that  they  may  follow  their 
occasions  for  the  space  of  six  monthes  after  their  arri- 
vall. 

RICH  :  BENNETT,  Scale. 

Wm.  CLAIBORNE,    Scale. 

EDMOND  CURTIS,  Seale. 

Theise  articles  were  signed,  sealed,  sworne  vnto  by 
vs  the  commissioners  for  the  parliament  of  the  com- 
mon wealth  of  England,  the  12th  of  March,  1651. 


-An  Act  of  Indemqnitie  made  aii  the  Surrender  of  the 

Countrey. 

WHEREAS  by  the  authorise  of  the  parliament  of  de^  jj 
England,    wee    the  comissioners   appointed    by    the  concluding 
Councill  of  State  authorized  thereto  having  brought  a  the  treaty, 
fleete  and  force  before  James  Cittie  in  Virginia  to  re- 
duce that  collonie  vnder  the  obedience  of  the  common- 
wealth of  England,   and   finding  force  raised  by  the 
Governour  and  countrey  to  make   opposition  against 
the  said  ffleet,  whereby  assured  danger  appearinge  of 
the   mine  and  destruction  of  the  plantation,  for  pre- 
vention whereof  the  Burgesses  of  all  the  severall  plan- 
tations being  called  to  advise  and  assist  therein,  vppon 
long  and  serious  debate,  and  in  sad  contemplation   of 
the  greate   miseries  and  certaine  destruction,  which 
were  soe  neerly  hovering  over   this   whole  countrey  ; 
Wee  the  said  comissioners  have  thought  fitt  and  con- 
descended  and   granted  to  signe   and  confirme  vnder 
our  hands,  seales  and  by  our  oath,  Articles   bearinge 
date   with   theise  presents,    And    do   further   declare, 
That  by  the  authorise  of  the  parliament  and  comon- 

This  paper  is  numbered  "  Act  86,"  in  the  rcvisal  of  1657. 


368  LAWS  OF  VIRGINIA, 

wealth  of  England  derived  vnto  vs  theire  comission- 
ers,  That  according  to  the  articles  in  gennerall,  Wee 
have  granted  an  act  of  indempnitie  and  oblivion  to  all 
the  inhabitants  of  this  colloney,  from  all  words,  action? 
or  writings  that  have  been  spoken,  acted  or  writt  against 
the  parliament  or  comon  wealth  of  England  or  any 
other  person  from  the  beginning  of  the  world  to  this 
daye,  And  this  we  have  done,  That  all  the  inhabitants 
of  the  collonie  may  live  quietly  and  securely  vnder  the 
comon- wealth  of  England,  And  wee  do  promise  that 
the  parliament  and  common-wealth  of  England  shall 
confirme  and  make  good  all  those  transactions  of  ours, 
Wittnes  our  hands  and  seales  this  12th  day  of  March. 
1651. 

RICHARD  BENNETT,  Seale. 

Wm.  CLAIBORNE,  Seale. 

EDM.  CURTIS.  Seale. 


369 

HE  .NAMES  G*'  THE  SEVERALL  BURGESSES  RETURNED  BV 
THE    SHERRIFF   TO   THIS 


.d^riTZ  tfe  2GM,  1652.* 


[From  a. MS.  f  received  from  Edmund  Randolph,  Esq.  SfchSehS! 
which  was  once  the  property  of  Sir  John  Randolph,  of  this  session 
wAo  transmitted  it  to  his  son  Peyton  Randolph,  Esq.  were  P«»ted, 
o/ifer  whose  death,  it  was  purchased,  with  his  library,  library  of  Con- 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  borrow-  gress,at  Wash- 
ed by  Edmund  Randolph,  Esq.]  in&ton 


For  Henrico  County — Mr.  Win.  Hatchet*. 

i  -L     i      n-~     r>  S  Coll.  Edward  Hill, 

Charles  Citty  Counlv  <  ^         T  ,      n 

J  J  (  Capt.  John  Jiusnopp. 


*  This  was  the  first  assembly  held  in  Virginia,  after  the  conven- 
tion  made  between  the  commissioners  of  the  parliament  of  England, 
and  the  burgesses  of  the  several  counties  and  plantations  in  Virgi- 
nia. It  will  readily  he  perceived,  that  the  mode  of  doing  business,  in 
the  assembly,  during  the  period  of  the  commonwealth,  materially 
differed  from  that  adopted  for  a  series  of  years  before.  This,  no 
doubt,  arose  from  the  unsettled  state  of  the  government,  and  the 
want  of  a  due  separation  of  its  powers.  The  house  of  burgesses 
exercised  legislative,  executive  aud  judicial  functions.  The  Governor 
was  appointed  by  them,  sometimes  for  one  year,  sometimes  for 
two  ; — the  members  of  council  were  either  chosen  by  the  burgesses, 
in  the  first  instance,  or  approved  by  them  on  the  nomination  of  the 
governor;  and  they  had  the  appointment  of  all  the  officers  of  go- 
vernment There  were  no  constitutional  limits  to  the  several  depart- 
ments of  the  government.  The  house  of  burgesses  being  in  posses- 
iiii  of  all  power,  granted  it  out  as  they  thought  proper,  and  re- 
sumed it  at  pleasure.  After  exercising,  in  effect,  the  power  of  ap- 
pointment to  all  offices,  since  the  abolition  ot  the  monarchy,  in 
England,  they  solemnly  declared,  "that  they  had  in  themselves, 
the  full  power  of  the  election  and  appointment  of  all  officers  in  thi- 
country."  (See  the  resolution  of  the  house  of  burgesses  of  the  ls< 
of  April,  1668,  in  their  contest  with  the  governor,  as  to  his  right  to 
lw  the  assembly,  p.  502)  And  by  the  1st  act  of  March  the 
30th,  1669,  intituled  "  An  act  for  takeing  the  power  in  in  tin  assemblies 
hatuUf"  they  declare  that  "  the  ■uprcame  power  of  the  government 
of  this  country,  shall  be  resident  in  the  assembly." 

t   In   compiling  tl><-  actt  <>l    this,  and  a  few  sim<  .-.diii';   assembln -v 
the  foregoing   Ms    will  be  generally  used  ,  but,  ia   some   fen    in 

I  Y 


370 


LAWS  OF  VIRGINIA, 


James  Citty  County 


Northampton  County 


Northumberland  County 


I 


Isle  of  Wight  County 


Nanzemund*  County 


Lower  Norff.  County 


Elizabeth  Citty  County 
Warwick  Riverf  County 


York  Countv 


f  Mr.  Robert  Wetherall. 

j  Lt.  Coll.  John  Fludd, 
Mr.  Hen.  Soane, 
Capt.  Da:  Mansill, 
Mr.  Geo  :  Stephens, 
Mr.  Wm.  Whittakers. 


Mr.  Robert  Pitt 
,  Mr.  George  Hardie. 
\  Mr.  John  George, 


! 


^Mr.  John  Moone. 

^  Capt.  Tho.  Due, 

\  Mr.  Ed.  Major,  Speaker. 

f  Mr.  Cor.  Lloyd, 
'  Mr.  Tho.  Lambert, 
\  Mr.  Hen.  Woodhouse, 
^Mr.  Charles  Burrowes. 

C  Mr.  Peter  Ransom, 
I  Mr.  John  Sheppard. 

Lt.  Coll.  Sam  :  Mathews, 
Mr.  Wm.  Whittbye. 

CCapt.  Fra  :  Morgan, 
^Mr.  Hen.  Lee, 
(Capt.  Austin  Warner. 

fMajor  Obeb  Robins. 
|  Mr.  Edm.  Scarbrough. 
<(  Mr.  Thos.  Johnson, 
Mr.  Wm.  Jones, 
Mr.  Antho.  Hoskins. 

\  Mr.  Jno.  Mottram, 
)  Mr.  Gho.  Fletcher. 


u 


stances,  selections  will  be  made  from  two  other  MSS.  embracing 
the  same  period  : — one  is  a  manuscript  volume  purchased  by  Mr 
Jefferson  from  the  executor  of  Richard  Bland,  dee'd,  and  will  be  dis- 
tinguished by  the  following  initials,  Bl.  MS. — the  other  is  a  ma- 
nuscript in  Mr.  Jefferson's  own  hand- writing,  and  will  be  noted 
thus  Jef.  MS. — the  manuscript  generally  used  will  be  called  Rand 
MS. 

Originally  called  '•  Mansimum."     See  ante  pa.  321. 

fhis  Nhonld  bo  ;-  Warwick  County.'      See  ante  pa.  24f». 


APRIL,  1652— 3d  OF  COMMONWEALTH, 


.r>\ 


Glocester  County*  |  JJr.  ^n$£* 

Lancaster  County* — 

The  oath  administred  to  the  Burgesses  : 

YOU  and  every  of  you  shall  swear  vpon  the  holy  0ath  °'  Bur 
Evangelist,  and  in  the  sight  of  God  to  deliver  your  gess 
opinions  faithfully  and  honestly,  according  to  your 
best  vnderstanding  and  conscience,  for  the  general! 
good  and  prosperitie  of  this  country  and  every  perti- 
cular  member  thereof,  and  to  do  your  vtmost  endeavor 
to  prosecute  that  without  mingling  with  it  any  perticu- 
lar  interest  of  any  person  or  persons  whatsoever. 

JOHN  CORKER,  CI.  Dom.  Com 


AT  THE 

Jamf.s  Cttty.  the  30th  Apru.l,   1652. 


AFTER  long  and  serious  debate  and  advice  taken 
for  the  settleing  and  governing  of  Virginia,  It  was 
vnanimously  voted  and  concluded,  by  the  commis- 
sioners appointed  here  by  authority  of  parliament  and 
by  all  the  Burgesses  of  theseverall  countysand  planta- 
tions respectively,  vntill  the  further  pleasures  of  the 
states  be  knowne :  That  Mr.  Richard  Bennett,  Esq. 
be  Governour  for  this  ensuinge  yeare,  or  vntill  the  next 
meeting  of  the  Assembly,  with  all  the  just  powers  and 
authorities  thatmay  belong  to  that  place  lawfully :  And 
likewise  that  Collo.  William  Clayborne  be  Secretarie 
of  State,  with  all  belonging  to  that  office,  and  is  to  be 
next  in  place  to  the  Governour,  next  that  the  Councill 
of  State  be  as  followeth,  (vizt.)  Capt.  John  West,  Coll. 
Sam.  Mathewes,  Coll.  Nathaniel   Littleton,  Coll.  Ar- 


Provisional 

government 
of  Virginia 
till  the  plea- 
sure of  parli- 
ament be 
known. 

Gov.  chosen, 
for  one  year 


Secretary  of 
state 


Council  of 
State. 


I  his  is   the   first  time    the    names  of  Gloucester  and   Lancaster 
omitics  occur      When  or  how  thev  were  formed,  does  not  appear 


:)V2 


LAWS  OF  VIRGINIA, 


Their  powers, 
to  be  prescrib- 
ed by  the  par- 
liament in 
England,  the 
known  laws  of 
England,  and 
the  grand  as- 
sembly of  Vir- 
ginia 


goll  Yearly,  Coll.  Tho.  Pettus,  Coll.  Humph.  Higgi- 
son,  Coll.  George  Ludlow ;  Coll.  Wm.  Barnett,  Capt. 
Bridges  (freeman,  Capt.  Tho.  Harvvood,  Major  Win. 
Taylor,  Capt.  (Francis  Epps  and  Leiv'tt.  Coll.  John 
Cheesman,  and  they  shall  have  power  to  execute  and 
do  right  and  equall  justice  to  all  the  people  and  inha- 
bitants of  this  collony  according  to  such  instructions  as 
they  have  or  shall  receive  from  the  Parliament  of  Eng- 
land and  according  to  the  knowne  lawe  of  England : 
And  the  acts  of  Assembly  here  established  ;  And  the 
said  Governour,  Secretary  and  Council  of  State  are  to 
have  such  power  and  authorities  and  to  act  from  time 
to  time,  as  by  the  Grand  Assembly  shall  be  appointed 
and  granted  to  their  severall  places  respectively  for  the 
time  abovesaid  :  of  which  all  the  people  which  inhabitt 
or  be  in  this  country  are  hereby  required  to  take  notice 
and  accordingly  conforme  themselves  therevnto.  God 
save  the  Common-Wealth  of  England  and  this  coun- 
trey  of  Virginia.  (Rand.  MS.    Jef.  MS.) 


Comm'rs.  of 
counties  cho- 
sen by  the 
house  of  bur- 
gesso? 


Election  ol 
all  ofliccrs  to 
be  made  by 
ihe  burgesses. 
Present  c!o<  - 
lion  to  be  by 
governor  and 
comm'rs,  but 
not  to  be 
drawn  into 
precedent. 


May  2d,  1652  * 
1T  is  resolved,  That  the  commissioners  of  the  severall 
counties  be  chosen  by  the  House  with  this  proviso. 
That  if  any  just  complaint  be  proved  against  any  cho- 
sen they  shall  be  suspended  the  next  session  of  As- 
semblv. 


May  5th,  1652. 
IT  is  agreed  and  thought  best  for  the  government  of 
this  country  by  the  Governor,  Council  and  Burgesses 
that  the  right  of  election  of  all  officers  of  this  colony 
be  and  appertain  to  the  Burgesses  the  representee 
of  the  people,  and  it  is  further  agreed  for  the  present 
by  the  Burgesses  in  remonstrance  of  the  confidence  that 
they  have  in  the  said  comm'rs.  that  the  present  electi- 
on of  all  officers  not  already  constituted  be  referred  to 
the  said  Governor  and  commissioners  and  that  this 
their  election  be  not  precidental  to  anv  succeeding 
Assembly.  (Jef.  MS.) 

*  Jef  MS. — This  clause  is  inserted  in  Rand.  MS.  also,  but  with- 
out date,  except  that  it  follows  the  oath  directed  to  be  taken  by  die 
burgesses,  at  the  session  commencing  the  26th  of  April,  1652 :  The 
-abject  matter  seems  more  properly  to  point  out  this  place  for  its 
insertion 


APRIL,  1652— 3d  OF  COMMONWEALTH. 


37J 


May  6th,  1652. 
WHETHER  the  Governour  and  Council  shall  be  Governor  & 
members  of  this    Assembly  or  no:    Generally   voted  council  to  be 
they  shall  be,  taking  the  oath  the  Burgesses  take.  assembly. 

(Rand.  MS.  Jef.  MS.) 


The  names  of  the  Burgesses  for  the  severall  Plantations, 
November  the  25th,  1652. 

Henrico  County — Capt.  Wm.  Harris. 

fCapt.  Hen.  Perry, 
|  Capt.  Dan.  Llewellin, 
-^  Major  Abraham  Woode, 
Capt.         Woodlife, 
Capt.  Charles  Sparrow. 


Charles  Cittie 


James  Cittie 


« 


fMr.  Rob.  WetheraH. 
J  Mr.  Wm.  Whittaker, 


Mr.  Abra.  Wattson, 
^Mr.  Hen.  Soane. 

Mr.Wm.  Thomas, 
Mr.Wm.  Edwards, 
Mr.Geo.  Stephens. 

Isle  of  Wight  County — Mr.  Charles  Reynolds. 


Surry  County' 


Warwick  County 
Nansemund  County 

Lower  Norft*. 

Elizabeth  Cittv 

York  County 


<  Lev'tt.  Coll.  Mathews, 
\  Mr.  Wm.  Whittby. 

CColl.Tho.Dew.Speaker, 
\  Mr.  Peter  Montague. 

Left.  Coll.  Cor.  Lloyd, 
Major  Thomas  Lambert, 
Mr.  Charles  Burrowes. 

$  Mr.  Peter  Ransome, 
I  Mr.  Theo.  Hone. 

i  Capt.  Step.  Gill, 
?  Mr.  Wm  Gouge, 
(  Major X'pherCalthropc 


*  This  is  the  first  time  the  name  of  Surry  county  occur.-. 


.i74 


LAWS  OF  VIRGINIA 


Ocquhan- 
ocke parish 
established. 


Gloster  County 
Northampton  County 
Lancaster  County 


<f  Coll.  Hugh  Gwinne, 
I  Mr.  Fra.  Willis. 

(  Left.  Coll.  Robbins, 
I  Mr.  Step.  Charlton! 

Capt.  Hen.  Fleet, 
Mr.  Wm.  Vndervvood. 


November  the  25th,  1652. 

The  voats  of  the  whole  Assembly  in  the  business 

follow  : 

*IT  is  ordered  by  the  authorise  aforesaid,  That  the 
south  side  of  Ocquhanocke  Creeke  in  the  county  of 
Northampton  and  so  vpwards  be  a  peculiar  parish  and 
called  by  the  name  of  Ocquhanocke  parish. 

(Rand.  MS.  Jef.  MS.) 


privilege  to  IT  »$  ordered  that  Mr.  George  Fletcher  shall  have  to 

Geo.  Fletcher  himself,  his  heirs,  ex'rs.  and  adm'rs.  liberty  to  dis- 
till and  brew  in  wooden  vessels  which  none  have  ex- 
perience in  but  himself  for  14  years,  and  it  is  further 
ordered  that  no  person  or  persons  whatsoever  shall 
make  vse  thereof  within  this  collony  without  agreeing 
with  the  said  Mr.  Fletcher  under  the  penalty  of  100 
pounds  sterl.  (Jef.  MS.) 


brew  in 
wooden  ves- 
sels for  14 
vcars. 


mod°,hanJSr  WEE  find  Mr«  John  Hammod  returned  a  Bur- 
ber  of  Isle  of  gesse  for  the  lowei  parish  of  the  Isle  of  Wight, 
Wight,  expel-  to  be  notoriously  knowne  a  scandalous  person,  and  a 
frequent  disturber  of  the  peace  of  the  country,  by  li- 
bell  and  other  illegall  practices,  and  conceive  it  fitt  he 
be  expelled  the  house,  and  that  a  warrant  issue  to  the 
sherriffe  of  the  said  county,  for  the  election  of  another 
Burgesse  in  his  roome.  (Rand.  MS.) 


.fas.  Pyland, 
a  member 
from  Isle  of 
Wight,  expel- 
led 


WEE  conceive  it  fitt,  That  Mr.  James  Pyland,  re- 
turned Burgesse  for  the  vpper  parish  of  the  Isle  of 
Wight,  be  remooved  out  of  the  house,  And   that  he 


*  The  acts  and  resolutions  of  this  assembly  are  not  numbered  or 
divided,  in  any  manner.     They  appear  to  be  the  joint  deliberations 
■f  the  governor,  council  and  burgesses,  exercising'  legislative,  pxecn 
(ive  and  judical  powers 


NOV.  1052— ^d  OF  COMMONWEALTH. 


37S 


such  things  as  shall  be  ob- 


stand  comitted  to   answer 

jected  against  him,  as  an  abettor  of  Mr.  Thomas  Wood 
ward  in  his  mutinous  and  rebellious  declaration,  And 
concerning  his  the  said  Mr.  Pyland  blasphemous  cate- 
chisme.  (Rand.  MS.) 


IT  is    ordered    by  the  Grand  Assembly,  that  the  Plantation  »i 
plantation  of  Mr.  Thomas  Stagg  scituate  on  the  Old  Thos.  Stagg 
man's  Creek  shall  be  within  the  bounds  of  Westover  \yestover 
parish  and  pay  all  duties  there  that  are  now  due  and  de  parish 
futuro.  (Rand.  MS.) 


WHEREAS  Chr  :  Boyse  by  appeale  from  the  Go-  Appeal  iroiu 
vernour  and  Councill  the  last  court  impleaded  Coll.  ^^Bo  se 
Hugh  Gwinne  before  this  Grand  Assembly  about  cer-  vs.  Guinne, 
tain 
pervi 

iindeprioritie  of  title  for  the  said  Gwinne,  accordingto 
former  orders  in  the  government  of  Sr.  WilliamBerke- 
ley,  Knt.  and  the  last  quarter  court,  And  the  pit.  &. 
defendant  to  beare  theire  owne  charges. 

(Rand.  MS.) 


yll      vj<<    iiiiiv.       UV.1VI  \-      uiij     VIUI1U     iioovmuij      »*«-r^i»<,    v«^.  v«,.    '11.111111'', 

land  in  Pyancatannk  River,  The  Assembly  vpon  for  land  on 
'sail    of  their  severall   pattents   and    grants,   doe     >anca 


IN  the  difference  between  Mr.  Peter  Hanson,  pit. 
and  John  Hewettand  Win.  Holder,  defend'ts.  It  is  or- 
dered by  this  Grand  Assembly  that  Mr.  Peter  Ran- 
son's  pattent  shall  stand  good  for  11 00  acres  of  land  in 
Mock-Jack  bay,  And  that  Hewett  and  Holder  be 
outed  and  decline  the  possession  till  it  be  made  appeare 
void  by  some  that  shall  make  better  right  appeare,  It 
now  appearing  that  none  pretending  to  it  in  the  right 
of  Dawber  have  power  to  question  his  title;  100  lb.  of  Costs 
tob'o*  being  allowed  him  for  costs  from  each  of  them 
(vizf)  100  lb.  of  tobacco  from  Holder,  and  100  lb.  of 
tobacco  from  Hewett,  alias  execution.    (Rand.  MS.) 


Ransom  vs 

Hewrll  and 
Holder,  for 
land  on 
Mock- Jack 
bav. 


IT  is  ordered  by  the  Grand  Assembly,  that  Mr. 
Peter  Ranson  shall  have  and  enjoy  1100  acres  of 
Land  in  Mock- Jacks  bay  on  the  North  River  of  Mock- 
Jacks  bay  on  the  easterne  side  thereof,  and  the  other 
500  acres  being  granted  to  Mr.  Wm.  Whitby  being  the 
first  grantees  bv  this  Assemblv  (Rand.  MS.) 


Kansotn  » 
land  on  Mock 
Jack  bay, 
how  located 


:j7ti 


LAWS  OF  VIRGINIA. 


Occupants  of 
Dawber's 
land  not  to 
be    disposses- 
sed but  by 
Dawber    him- 
self. 


Inhabitants 
of  Appaniat- 
tock  may 
hold  courts. 


Appeals  to 
Henrico  or 
Charles  City 
co'ty.  courts. 


IT  is  ordered  by  the  Asssembly  that  all  those  that 
are  in  actual  possession  of  the  2400  acres  of  the  land 
claymed  by  Edmund  Dawber  shall  not  be  dispossest  of 
the  land  they  so  hold  by  any,  except  by  the  said  Daw- 
ber if  he  proove  his  title  to  bee  justestthe  said  2400  a- 
cres  being  granted  to  Mr.  William  Daymes,  if  Mr. 
Dawber  enjoy  it  not.  (Rand.  MS.) 


IT  is  ordered  by  the  Assembly,  That  the  inhabitants 
of  Appamattock  River  shall  have  power  to  keep 
courts  according  to  the  sence  of  the  act  of  Assembly 
for  courts  in  the  like  nature,  to  hear  and  determine  all 
differences  within  the  said  parish,  which  said  court  is 
to  be  kept  by  the  comissioners  resideing  in  the  said  pa- 
rish of  Bristoll,  and  they  to  take  place  respectively  as 
by  act  of  Assembly  they  are  nominated ;  appeals  lying 
from  this  court  to  either  Henrico  county  or  Charles 
Citty  county  court,  as  also  to  have  power  to  treate 
with  the  Indians  according  to  act. 

(Rand.  MS.  Jef  MS.) 


Comm'rs.  of        IT  is  ordered  with  the  vnanimous  opinion  of  this 
counties,  house,  That  the  Governour  and  councill  shall  appoint 

how  nominated  .     .  .  ,  ...  *  *      , 

and  appointed  comissioners  in  each  county  respectively  vpon  the 
recommendation  of  the  persons  from  the  comissioners 
of  the  severall  county  courts,  as  they  see  cause  to  al- 
low such  recommendations. 

(Rand.  MS.  Jef.  MS.)  } 


Comin'rs.  01 
counties  to 
examine  lists 
of  tithables 
and  fine  she- 
riffs, &c. 


IT  is  ordered  by  the  Grand  Assembly,  That  the  co- 
missioners of  the  severall  counties  respectively  have 
power  to  examine  the  lists  of  the  tythables  of  the  said 
countyes,  and  where  they  find  them  not  to  be  fully  ta- 
ken, to  lay  a  fine  vpon  the  sherriff  or  them  that  took 
the  lists,  as  they  shall  think  fitt,  and  such  further  pu- 
nishment as  by  the  Assembly  is  provided. 

(Rand.  MS.    Jef.  MS.) 


Discoveries 
W.  and  S. 
encouraged. 


WHEREAS  an  act  was  made  in  the  Assembly, 
1642,  ffor  Encouragement  of  discoveries  to  the 
westward   and   southward  of  this  country,  granting 


JUL*,  1653— 4th  OF  COMMONWEALTH.  377 

diem  all  prolilts  arising  thereby  for  14  years,  which  act  Privilege  for 
is  since  discontinued  and  made  void  ;    It  is  by  this  As-  certainadven- 
sernbly  ordered,  That  Coll.  Wm.  Clayborne,  Esq.  &  turers. 
Capt.  Henry  Fleet,  they  and  their  associats  with  them 
either  joyntly  or  severally,  May  discover  and  shall  en- 
joy such  benetitts,  profitts,  and  trades,  for  14  years  as 
they  shall  find  out  in  places  where  no  English  ever  have 
bin  and  discovered,  nor  have  had  particular  trade,  and 
to  take  vp  such  lands  by  pattents  proveing  their  rights 
as  they  shall  think  good  :  Neverth*  lesse  not  excluding 
others  after  their  choice  from  takeing  vp  lands,  and 
planting  in  these  new  discovered  places,  as  in  Virginia 

now  vsed. 

The  like  order  is  granted  to  Major  Abra.  Wood  and  Otheradven- 
his  associates.  (Hand.  MS.)       turers- 


\TT  A 

July  the  5th,  1653. 


tJENTLEMEN", 

NOT  to  intrench*  vpon  the  right  of  Assem-  Letter  of  the 
blies  in  the  free  choice  of  a  speaker,  nor  to  vnderva-  &overnor  to 

i  *  tiic  house  oi 

lue  Lefit.  Coll.  Chiles,  but  onely  by  way  of  advice,  It  burgesses  on 
is  my  opinion,  the  Council  likewise  concerning^  there-  ,he  choke  of 
in,  That  it  is  not  so  proper  nor  so  convenient  att  this  a  sPeaker- 
time  to  make  choice  of  him  for  that  there  is  something 
to  be  agitated  in  this  Assembly  concerning  a  shipp  late- 
ly arrived,  in  which  Left.  Coil.  Chiles  hath  some  inte- 
rest, for  which  and  some  other  reasons  we  conceive  it 
better  at  present  to  make  choice  of  some  other  person 
amongst  you  whom  you  shall  agree  vpon. 
Your  reall  servant, 

RICH.  BENNETT. 
July  the  5th,  1653. 
Vera  copia, 

JOHN  CORKER,  CI.  to  the  Burgesses. 
(Rand.  MS.  Bh  MS.) 

I,     ■      !,,"  Bl.  US 
t  "  Concerning"  in  both  MSS.— But  qu,  if  it  should  not  be  "  con- 
>«■ 

2Z 


378 


LAWS  OF  VlRGliMa 


Oath  of  biu- 


The  oath  administred  to  the  Burgesses  tor  this  pre- 
sent Assembly. 

YOU  shall  swear  to  act  as  a  Burgesse  for  the  place 
you  serve  for  in  this  Assembly,  with  the  best  of  your 
judgment  and  advice,  for  the  generall  good,  not  min- 
gling with  it  any  perticular  or  private  interest. 

This  oath  was  taken  by  the  Burgesses  in  the  pre- 
sence of  Coll.  Thomas  Pettus  and  Coll.  Humphrey 
Higgison,  this  5th  July,  1653.* 
Teste, 

ROBERT  HUBERD  CI  Consilii. 
(Rand.  MS.     Bl.  MS.) 


Message  to 
the  gov'r,  on 
the  choice  of 
a  speaker. 


IT  is  ordered,  that  Lev'tt.  Coll.  Edward  Major,  Le~ 
v't.  Coll.  Geo.  filetcher,  Mr.  William  Hockaday  and 
Mr.  William  Whittby,  attend  the  Governor  and  Coun- 
cil, to  request  of  them  their  reasons,  wherefore  they 
cannot  joy  ne  with  vs  the  Burgesses  in  the  busines  of 
this  Assembly,  about  the  election  of  Lev't.  Coll.  Wal- 
ter Chiles  for  Speaker  of  this  Assembly. 

(Rand.  MS.     Bl.  MS.) 


ihe  lious 
permit  their 
speaker  to 
resign. 


LEF'T.  Coll.  Walter  Chiles  haveing  by  plurality 
of  votes  been  chosen  Speaker  of  this  Assembly  :  And 
this  day  representing  to  the  house  his  extraordinarie 
occasions  in  regard  of  the  dispatch  of  some  shipping 
now  in  the  country  in  which  he  is  much  interested  and 
concerned,  The  house  vpon  his  desire  have  given  him 
leave  to  follow  his  private  affairs  notwithstanding  the 
election  aforesaid.f 

(Rand.  MS.     Bl.  MS.) 


Minister  of 
the  gospel 
suspended  ii 
declared  ine- 
ligible to  a 
seat  in  the 
house  of  Inn- 
ges»;ps 


IT  is  ordered  by  this  present  Grand  Assembly,  That 
Mr.  Robert  Bracewell,  Clarke,  be  suspended,  and  is 
not  in  a  capacitie  of  serving  as  a  Burgesse,  since  it  is 
vnpresidentiall,  and  may  produce  bad  consequence. 

(Rand.  MS.     Bl.  MS.) 


1652  in  Bl.  MS.  but  evidentlv  a  mistake. 
July  the  6th,  1653,"  added*  to  this  clause  in  Bl.  MS 


JULY,  1653-^th  OF  COMMONWEALTH.  379 

The  names  of  the  Burgesses  for  the  severall  Plantations, 

July  the  5th,  Anno  1653. 

James  Cittie.  Isle  of  Wight  County. 

Left.  Coll.  Chiles,  Left.  Coll.  Robert  Pitt, 

Mr.  Wra.  Whittaker,  Major  Geo.  ffowden, 

Mr.  Hen.  Soane,  Mr.  Dan  Boucher. 
Mr.  Abra.  VVattson. 

Surry  Countie. 


Northampton. 


Capt.  Tho.  Johnson. 
Cap.  Wm.  Buttler,  Mr.  Wm  Mellin, 

Mr.  Wm.  Edwards,  Mr.  Stephen  Horsey. 

Warwick  County,  Lancaster  County. 

Left.  Coll.  Sam.  Mathews,  Capt.  Moore  ffantlaroy, 
Mr.  Wm.Whittby,  Spk'r.   Capt.  Tho.  Hackett. 

Charles  Cittie  County.  York  County. 

Capt.  John  Bushopp,  Major  X'p'r  Calthropp, 

Mr.  Anthony  Wyatt.  Mr.  Robert  Booth, 

Mr.  Wm.  Hockaday. 
Nansemund.  Capt.  Fra.  Morgan. 

Coll.  Tho.  Dew,  ,  -    .,      7    7     -, 

t    r.  ^  ii  it- j    ij  it  •  Northumberland. 

Left.  Coll.  Edw'd.  Major, 

Mr.  Peter  Montague.  Left.  Coll.  Fletcher, 


Loiver  Norfolk. 


Mr.  Walter  Broadhurst. 

Henrico  County. 


Coll.  Francis  Yarly, 

Left.  Coll.  Corn.  Lloyd,    Capt.  Wm.  Harris. 

Gloster  County.  Elizabeth  Cittie  County. 

Mr.  Abra.  Iversonn,  Mr.  John  Sheppard, 

AFr.  Richard  Pate.  Mr.  Tho.  Thornbury. 

[In  the  Bl.  MS.  several  pages  are  occupied  with  pro- 
ceedings against  different  persons  for  speaking  con- 
temptuously of  the  government  of  Virginia,  as  estab- 
lished by  the  convention,  and  for  refusing  to  pay  the 
castle  duties ;  some  of  whom  were  fined  and  imprison- 
ed.! 


380 


LAWS  OF  VIRGINIA. 


Paper  sub- 
scribed by  in- 
habitants of 

Nor'amton 
county  held 
scandalous  &: 
seditious. 
Subscribers, 
together  with 
Edm'd.  Scar- 
brough  disa- 
bled from 
holding  any 
office.  Gov.  &i 
Sec'y  to  go  to 
Accomack. 


WHEREAS  the  paper  subscribed  by  name  of  the 
inhabitants  of  Northampton  countie  is  scandalous  and 
seditious  and  hath  caused  much  disturbance  in  the 
peace  and  government  of  that  county,  It  is  therefore 
ordered  by  this  present  Grand  Assembly,  That  all  the 
subscribers  of  the  said  paper  bee  disabled  from  bearing 
any  office  in  this  countrey,  and  that  Leift.  Edmund 
Scarbrough  who  hath  been  an  assistant  and  instru- 
ment concerneing  the  subscribing  of  the  same  bee  also 
disabled  from  bearing  any  office  vntill  he  hath  answered 
therevnto,  and  the  honourable  Governour  &t  Secretaric 
be  intreated  to  go  over  to  Accomack  with  such  assist- 
ants as  the  house  shall  think  fitt,  for  the  settlement  of 
the  peace  of  that  countie,  and  punishinge  delinquents. 
This  order  reversed  by  an  order  of  Assembly,  26th 
March,  1658.  (Rand.  MS.   Bl.  MS.) 


Provision  for 
Tottopotto- 
raoy,an  Indian 
in  York  coun- 
ty. 


Those  seated 
on  the  lands  of 
Pamunkey  or 
Chickahomi- 
ny  Indians  to 
be  removed. 


THE  order  of  the  last  Assembly  in  the  busines  re- 
lateing  to  land  in  York  River  desired  by  Tottopotto- 
moy,  as  information  by  some  perticular  members  of 
this  Assembly  is  now  represented,  is  ordered  to  be  and 
remaine  in  force  as  formerly,  Provided  he  lives  on  the 
same  :  but  if  he  leaves  it  then  to  devolve  to  Coll.  Wil- 
liam Claybornc,  according  to  former  orders  which 
gave  him  libertie  to  make  his  choice,  whether  he  would 
have  Ramomak,  or  the  land  where  now  he  is  seated, 
and  that  he  appear  in  person  before  the  Governor  and 
Council  to  make  his  choice  the  next  quarter  court©' 
which  of  the  two  seates  he  will  hold,  and  Capt.  John 
West,  and  Mr.  William  Hockaday  are  enabled  to  give 
a  safe  conduct  to  the  said  Toltopottomoy  and  his  In- 
dians for  their  coming  to  towne  and  his  returne  home, 
And  the  commissioners  of  York  are  required  that  such 
persons  as  are  seated  vpon  the  land  of  Pamunkey  or 
Chickahominv  Indians  be  removed  according  to  a  late 
act  of  Assembly  made  to  that  purpose,  And  Coll.  John 
Fluddto  go  toTottopottomoy  to  examine  the  proceed- 
ings of  busines  and  to  deliver  it  vpon  his  oath. 

(Rand.  MS.  Bl.  MS.) 


Grant  of  land  VPON  the  petition  of  Roger  Green,  clarke,  on  the 
MomuckoT  behalfe  of  hinisefre,  and  inhabitants  of  Nanse- 
Poanoako  ri-    mund  river,  It  is  ordered  by  this  present  Grand  As- 


r    JULY,  1653— 4th  OF  COMMONWEALTH.  ^i 

sembly  that  tenn  thousand  acres  of  land  be  granted  vn-  ver  '•  also  on 
to    one  hundred  such  persons  who  shall  first  seate  on  ™"'  J*!!1:?  °l 

«~»  i         •  ill  i-iiodii  river. 

iVIoratuck  or  RoanoaUe  river  and  the  land  lying  vpon 
the  south  side  of  Clioan  river  and  the  branches  there- 
of, Provided  that  such  seaters  settle  advantageously  for 
security,  and  be  sufficiently  furnished  with  amunition 
and  strength.  And  it  is  further  ordered  by  the  autho- 
rity aforesaid,  That  there  be  granted  to  the  said  Roger 
Green,  the  rights  of  one  thousand  acres  of  land,  and 
choice  to  take  the  same  where  it  shall  seem  most  con- 
venient to  him,  next  to  those  persons  who  have  had  a 
former  grant  in  reward  of  his  charge,  hazard  and  trou- 
ble of  first  discoveiie,  and  encouragement  of  others 
for  seating  those  southern  parts  of  Virginia. 

(Rand.  MS.) 

WHEREAS  diverse  gentlemen  have  a  voluntarie      Travels  of 
desire    to  discover  the  Mountains  and  supplicated  for  discovery  to 
lycence  to  this  Assembly;  It  is  ordered  by  this  Assem-  „&£££!** 
bly,    That  order  be  granted  vnto  any  for  soe  doing, 
Provided    they   go    with    a  considerable    partie   and 
strength  both  of  men  and  amunition.    (Hand.  Mi>.) 


boundaries  of. 


IT  is  ordered  by  this  present  Grand  Assembly  that  Westmore- 
the  bounds   of   the    county  of  Westmorland*    be  as  )and  cou.nty> 

-met  •  ■  t»  w  hftunnai'ifte  r*\ 

followeth  (vixt.)  ffrom  Machoactoke  river  where  Mr. 
Cole  lives :  And  so  vpwards  to  the  ffalls  of  the  great 
river  of  Pawtomake  above  the  Necostius  towne 

(Rand.  MS.) 


sons 


VPON  the   humble  petition  of  John  Claxsonn  an  Briefs  to  col- 
old  Virginian,    and  the  testimony  of  the  comissioners   'ect  charitable 
of  the  countie  of  Yorke  where   hee  lived  of  the  great  granted  to 
loss  he  sustained  by  ftireto  his  vtter  vndoeing,  not  able  certain  per' 
to  maintain  himselfe  and  five  children,  The  Grand  As- 
sembly duely  weighing  his  distressed  estate  hath  grant- 
ed him  the  said  Claxsonn,  an  order  as  a  breife  to  gather 
the   charitable   benevolence  of  well  disposed  persons. 
The  like  also  is  granted  vnto  Thomas  Bagwell  of  the 
Isle  of  Wight  county  and  to  Richard  New  of  James 
Cittie  county.  (Hand.  MS.) 

'  This  is  the  first  time  (he  county  ■■  moreland  i  men- 

liMod 


382 


LAWS  OF  VIRGINIA, 


Indians  of 
Glo'ster  and 
Lancaster 
counties  to 
have  lands  &. 
hunting 
ground  as- 
signed to 
fhem. 


IT  is  ordered  by  this  Grand  Assembly  that  the  co- 
missioners  of  Gloster  and  Lancaster  countys  are 
stricktly  required  forthwith  to  proportion  the  Indians 
inhabiting  in  the  said  counties  their  severall  tracts  of 
land  according  to  an  act  of  the  last  Assembly  in  that 
case  made,  and  to  sett  and  assigne  them  such  places 
and  bounds  to  hunt  in  as  may  be  convenient,  both  for 
the  inhabitants  and  the  Indians,  whereby  the  severall 
stocks  of  the  Enelish  may  be  preserved. 

(Rand.  MS.    Bl.  Ms.l 


An  act  of  in- 
demnity to 
those  who 
have  lent 
guns  to  Indi- 


AN  act  of  indempnitie  is  granted  for  all  such  as 
have  lent  gunns  to  the  Indians,  and  if  any  person 
shall  hereafter  offend  and  justly  prooved  against  him, 
he  or  they  so  offending  shall  suffer  seveerly  according 
to  act  in  that  case  provided,  other  counties  to  have  the 
same  priviledge.     (Rand.  MS.   Jef.  MS.  Bl.  MS.) 


Castle  duties 
to  be  paid ; 
and  how  re- 
coverable. 


IT  is  ordered  by  this  present  Grand  Assembly  that 
the  castle  duties  shall  be  recovered  by  auy  refracto- 
ry person's  denying  the  payment  thereof  as  hath  for- 
merly bin  accustomed  by  way  of  action  in  any  courte 
or  attachment  of  their  goods  and  estates  to  that  value. 
(Rand.  MS.    Jef.  MS.  Bl.  MS.) 


Certain  for- 
feited goods 
remitted. 


IT  is  ordered  by  this  present  Grand  Assembly  upon 
the  petition  of  Paulus  Maeshouck,  servant  to  Abra- 
ham Van  Susteren,  merchant  of  Dunkirk,  that  part  of 
the  goods  forfeited  belonging  to  his  said  master  is  re- 
mitted. (Bl.  MS.) 


Hie  ship  Le- 
opoldus  for- 
feited for 
breach  of  na- 
vigation act 
Co  be  deliver- 
ed to  Coll. 
Walter  Chiles 
at  the  ap- 
praisement. 


UPON  the  petition  of  Leiut.  Coll.  Walter  Chiles, 
It  is  ordered  by  this  present  Grand  Assembly  that  the 
ship  Leopaldus  now  adjudged  fforfeited  and  consign- 
ed unto  him  that  he  the  said  Chiles  should  have  the 
said  ship  according  as  she  hath  been  appraised  being 
£400  sterling  *  (Bl.  MS.) 

*  The  following  is  the  Bill   of  Sale  executed   by  the  Governor  and 
Speaker  of  the  House  of  Burgesses — 
Whereas  the  ship   Leopoldus  of  Dunkirk   hath  by  the  grand  as- 
sembly of  this  country  been   adjudged  forfeit  and  accordingly  con 


JULY,  1653— 4ih  OF  COMMONWEALTH.  383 

UPON  petition  of  the  comm'rs.  of  the  Isle  of  Wight   Arrearages  tf 

1  .  ^i  /.    ,.  /<  taxes  in  Isle  ot 

county  concerning  tlie  recovery  ot  diverse  arrears  ot  wight,  how 
country  and  county  levies  yet  unsatisfied  since  1644  recoverable. 
and  the  lists  not  recorded  through  the  delinquency  of 
the  Clk.  of  that  county,  It  is  ordered  by  this  present 
Grand  Assembly  that  such  persons  as  have  been  she- 
riffs or  collectors  oi  he  said  levies  since  1644  and  are 
now  living  forthwith  bring  in  their  sev'll.  lists  and  ac- 
counts respectively  unto  the  said  county  court,  and 
that  such  persons  as  have  been  delinquent  in  paying 
the  said  arrears  or  detaining  of  them  in  their  hands  be 
responsable  ffor  the  same  and  upon  default  or  denial  to 
be  recovered  by  distress  and  the  parties  that  have  paid 

the  same  be  discharged  from  further  molestation.  And  „  ,.  , 

,  ,       .    .    °        „  .  iii-  Lstates  ol  dc 

as  tor  those  shenlis  or  collectors  that  are  dead  their  es-  ceased  she- 

tates  are  to  be  responsable  for  what  shall  appear  due  riffs  liable. 

from  them  under  their  hands.  (Bl.  MS.) 


IT  is  ordered  thai  Nath.  Battson  stand  committed  Judgment  a- 
into  the  custody  of  the  sheriff  of  James  City  until  he  Battson 

fiscatcd  according-  to  the  act  ol"  parliament  for  increase  of  navigation, 
Now  know  all  men  to  whom  these  presents  shall  come  that  we  the 
subscribers  authorized  by  the  said  Grand  Assembly  do  ffor  and  in 
consideration  of  the  sunie  of  four  hundred  pounds  sterling  paid  by 
Ltt  Coll.  Walter  Chiles  of  this  colony  for  the  use  of  this  colony  be- 
ihc  sealing  and  delivery  hereof  acquit  and  discharge  him,  give, 
grant,  bargain,  sell  assigne  and  set  over  the  said  ship  named  Leopol- 
dus  about  the  burthen  of  three  hundred  tuns  with  her  guns,  tackle, 
apparel  and  ffurnilure  and  whatsoever  belongeth  or  appertaineth  to 
the  said  ship  unto  the  said  Leiut.  Coll.  Chiles,  his  heirs  and  assigns 
lor  ever,  To  have  and  to  hold  the  said  ship  with  all  her  said  guns, 
tackle,  apparel  and  ffurniture  to  him  the  Walter  Chiles,  his  heirs,  and 
assigncs  for  ever  without  any  let,  hindcranrc,  molestation  or  distur- 
bance of  any  person  or  persons  whatsoever  claiming  any  right,  titl< 
or  interest  to  the  said  ship  in  the  behalf  of  this  colony  or  the  common- 
wealth  of  England,  We  hereby  in  the  behalf  of  the  Grand  Asseni 
bly  warranting  the  same  unto  the  said  Lieut.  Coll.  Walter  Chiles,  his 
iieirs,  ex'rs.  administrators,  In  witness  whereof  we  have  hereunto 
•  iir  bands  and  seals  and  caused  this  our  act  to  be  register'd  in  th< 
records  of  this  colony  of  Virginia  the  twelveth  of  July,  1653. 

Kl.  BENNETT,  Seal. 
Wm.  WHITBY,  Speaker  of  the  House  of  Burgesses 
In  presentia  mea, 

Wm.  CLAYBORNE,  Sec. 

GEO.  ffLETCHER. 

ROB  I   tiUBERD 

JOHN  CORKER.  CI.  to  the  House  of  Bunre^ 


3b4 


LAWS  Or  VIRGINIA, 


hath  satisfied  Dep  :  Webster  eight  beaver  skins  and  an 
otter  skin  for  a  gun  which  lie  bought  a  board  the  ship 
Duke  Byren.  (Bl.  MS.) 


Certain  com- 
missioners to 
attend  gov.  as 
assistants  to 
quiet  the  dis- 
contents in 
Norampton 
and  punish 
the  offenders ; 
to  divide  the 
co'ty  ;  to  ap- 
point officers 
and  decide  be- 
tween Scar- 
brough  and 
others. 


ACCORDING  to  an  order  of  this  Assembly,  vpon 
the  petition  of  Colh  Nathaniel  Littleton,  Coll.  Argoll 
Yarley,  Major  William  Andrews,  and  some  other 
comissioners  of  IN  orthampton  county,  Master  Speaker. 
Left.  Coll.  Edward  Major,  Left.  Coll.  Geo.  Fletcher, 
Coll.  Thomas  Dew  and  Left.  Coll.  Rob't.  Pitt  are 
nominated  as  assistants  to  attend  the  Governour  and 
Secretarie  for  the  settlement  of  the  peace  of  that  coun- 
ty, and  the  punishment  of  delinquents  there  according 
to  their  demerrits,  the  appointment  of  all  officers  both 
for  peace  and  warr,  the  division  of  that  county,  and 
the  hearing  and  determineing  of  the  businesse  of  da- 
mages between  Capt.  Daniel  How  and  Left.  Coll. 
Edm'd.  Scarbrough,  As  also  between  Capt.  John  Ja- 
cob and  the  said  Edmund  Scarbrough,  with  all  other 
matters  and  things  necessary  and  incident  for  the  pre- 
servation of  the  peace  of  that  place,  ffor  which  this  shall 
be  their  comission,  The  charges  which  the  said  co- 
missioners shall  be  at,  both  in  goeing  stayinge  there  & 
returneing,  to  be  levied  vpon  those  persons  that  occa- 
sioned their  repair  thither.     (Rand.  MS.     Bl.  MS.) 


to  leave  the 
colonv. 


Further  time  WHEREAS  Sr.  William  Berkeley,  Kn't.  vpon  the 
allowed  Sir  deliverie  vp  of  the  countrey  to  the  government  of  the 
Wm  Berkeley  Comon-Wealth  of  England,  had  granted  vnto  him 
by  articles,  that  he  should  have  a  shipp  to  transport  him 
to  England  or  Holland,  and  whereas  the  present  warr 
with  the  Vnited  Provinces  hath  hindred  the  confirma- 
tion of  the  said  articles  in  England,  or  the  comeing  of 
a  shipp  out  of  Holland  :  And  the  said  Sr.  William 
Berkeley  desireing  longer  time  (vizt.)  eight  monthes 
from  the  date  hereof  to  procure  the  said  shipp  out  of 
fllanders  in  respect  of  the  warrs  with  Holland,  and 
that  she  may  be  custom  free  for  such  tobacco  as  he 
shall  lade  in  her;  After  debate  thereof  in  the  Assem- 
bly, It  is  condescended  that  his  said  request  shall  be 
granted,  and  he  may  accordingly  within  eight  months 
procure  a  shipp  out  of  ftlandcrs  for  the  purpose  in  his 
aid  articles  expressed.         (Rand.  MS.     BL  MS.) 


To  carry  his 
•.obacco  cus- 
tom free. 


JULY,  1653— 4th  OF  COMMONWEALTH. 


•58  a 


WHEREAS  the  ship  Leopoldus  of  Dunkirk,  for  Appropriation 
the  importation  of  prohibited  goods   contrary  to  the  tj,e  gaie  of  the 
act  of  Parliament,  for  the  encrease  of  navigation,  has  forfeited  ship 
been  adjudged  forfeited,  with  her  tackle,  apparel,  and  LeoPoldus- 
ffurniture  to  this  country,  ffor  the  use  of  the  Common- 
Wealth  of  England,  and  appraised   at  four  hundred 
pounds  sterling,  This  Assembly  upon   consideration 
thereof  had  her  disposed  of  the   same  as  flblloweth, 
fyizt.)    two  hundred   and  ffifty  pounds  to  our  agent 
Coll.  Sam.  Mathews  and  one  hundred  pounds  to  Coll. 
William  Clayborne,  sec.  thirty  pounds  to  the  speaker, 
ten  pounds  to  Coll.  Cornelius  Loyd,  and  ten  pounds 
to  Major  Billingsley  for  their  severall  services  done  to 
the  country  in  the  said  business.  (Bl.  MS.) 


IT  is  ordered  by  this  present  Grand  Assembly  that  Punishment 


Nathaniel  Battson  for  many  misdemeanors  &£  a  com- 
mon defame*  apparantly  true,  shall  receive  forthwith 
fifteen  stripes  on  the  bear  back  and  for  ever  hereafter 
not  to  go  or  trade  amongst  the  Indians  and  in  case  of 
default  to  receive  further  punishment  by  whipping  and 
perpetuall  banishment. 

RICH'D.  BENNETT. 
Wm.  WHITTBEY,  Speaker. 

(Bl.  MS.j 


'  tt  Defame''  in  MS  but  it  should  be  "  defamer  " 


inflicted  on 
Natb.Battson. 


'i  A 


NOVEMBER  20,  1654, 

ATT 

am  Ammm  www 

held  at  James  Cittie. 


The  names  of  the  Burgesses  for  each  respective  Couri- 
tie  as  followeth : 


Charles  Cittie. 


Lower  Norfolke. 


Coll.  Edw'd.  Hill,  Speaker,  Mr.  Barthol :  Hoskins. 


Capt.  Henry  Perr}' 
Major  Abra.  Wood, 
Mr.  Stephen  Hamlin. 

Eliza.  Cittie. 

Ma.  Wm.  Worlich, 
Mr.  John  Sheppard. 

Glocester. 
Mr.  Tho:  Breman, 
Mr.  Wingfeild  Webb. 

Henrico. 
Mr.  Richard  Cock. 

James  Cittie. 

Mr.  Tho:  Dipnall, 
Mr.  Abra:   Watson, 
Mr.  Wm.  W  hi  taker, 
Mr.  Henry  Soane. 

The  Isle  of  Wight. 

Left.  Coll.  Pitt, 
Capt.  John  Moone, 
Mr.  Fra.  Hobbs, 
Capt.  John  Bond. 


Mr.  Lyonell  Mason. 

Lancaster. 

Mr.  John  Carter, 
Mr.  James  Bagnall. 

Northampton. 

Ma.  Peter  Walker. 
Mr.  Wm.  Waters, 
Mr.  Tho :  Johnson. 

Nanzemund. 

Coll.  Tho :  Dew, 
Mr.  Sam.  Stoughton. 
Mr.  Tho.  Godwin. 

Northumberland. 
Mr.  John  TrusselL 

Surry. 

Mr.  Wm.  Batt, 
Mr.  James  Mason. 

Warwick. 

Lt.  Col.  Sam.  Matthewes, 
Mr.  William  Whittbye. 


■v.0\  .  1054—  5th  OF  COMMONWEALTH.  387 

Yorkc.  Westmorland. 

Capt.  Wm.  Gooch,  Ma.  John  Holland, 

Mr.  Robert  Booth,  Ma.  Alex.  Baynhan. 

Mr.  John  Hayward, 

Neiv  Kent.* 

Capt.  Robert  Abrell. 

PUBLIQUE  ORDERS  OF  ASSEMBLE. 

WHEREAS  Coll.  Edward  Hill  vnanimonsly  cho-  Proceedings 

sen  speaker  of  this  house  was  afterwards  maliciously  against  Wm. 

reported  by    William  Hatcher  to  be  an  atheist  and  reputing  °r 

blasphemer   according  to    an    information  exhibitted  that  the 

against  him  the  last  quarter  court,  from  which  the  ho-  |?fa!lfr' ' R?.11- 
i     r^  i  n  -i    l  i  i.i  -i    Edw'd.  Hill, 

nouraile  uovernour  and  Council  then  cleered  the  said  was  an  atheist: 

Coll.  Edward  Hill  and  now  certified  the  same  vnto  the 
house :  And  forasmuch    as    the    said    Wm.   Hatcher, 
notwithstanding  he  had  notice  given  him  of  the  Go- 
vernour  and  Councills  pleasure  therein  and  of  the  said 
Coll.  Hill's  being  cleered  as   afforesaid,  hath  also  re- 
ported, That  the  mouth  of  this   house  was  a  Devil, 
nominateing  and   meaning    thereby    the  said    Right 
Worp'll.  Coll.  Edward  Hill,  It  is  therefore  ordered  by 
this  house,  that  the  said  William  Hatcher,  vpon  his  n^'aS6*;-0 
knees,  make  an  humble  acknowledgement  of  his  offence  knowiedg- 
vnto  the  said  Coll.  Edward  Hill  and  Burgesses  of  this  mnnt  on  his 
Assembly  ;  which  accordingly  was  performed  and  then 
he  the  said  Hatcher  disraist  paving  his  fees. 

{Rand.  MS.     BL  MS.) 


IT  is  ordered  by  the  Assembly  that  the  comissioners  Comm*ra  to 
of  the  militia  and  the  comissioners  of  the  respective  account  for 
counties  shall  at   the  next   sessions  of  this   Assembly  ]e*ie% fol. 
in  March  give  in  an  account  of  the  6  lb.  of  tobacco  per  powder  and 
pole  lately  levied  for  powder  and  shott  for  the  vse  of  shot- 
each  county,  and   what  other  powder  and  shott  shall 
be  in  their  custody  belonging  to  the  county. 

(Rand.  MS.    BL  MS.) 


This  is  the  first  time  the  name  of  New  Kent  appears  among  the 
proceeding  ol  the  assembly— It  was  taken  from  the  opper  part  o< 
V.irk  i  oonty       ""  •"'  B<  •  of  the  present  session 


388 


LAWS  OF  VIRGINIA, 


New  Kent  IT  is  ordered  that  the  vpper  part  of  Yorke  county 

<C!ar"e7ofb°Un*  sha11  be  a  distinct  county  called  New  Kent,  from  the 
west  side  of  Scimino  creek  to  the  heads  of  Pomunkey 
and  Mattaponie  river,  and  downe  to  the  head  of  the 
wist  side  of  Poropotanke  Creeke. 

(Rand.  MS.     Bl.  MS.    Jef.  MS.) 


Marstou  pa- 
rish establish- 
ed. 


FROM  the  head  of  the  north  side  of  Queen's  creeke 
as  high  as  to  the  head  of  Scimino  creeke  is  made  a 
distinct  parish  named  Marston  ordered  by  this  Grand 
Assembly. 

(Rand.  MS.     Bl  MS.    Jef.  MS.) 


Lists  of  i:iii 
aides,  how 
taken,  &,  cor- 
rected. 


WHEREAS  certaine  arrears  by  overchargeing 
of  tithable  persons  in  some  counties  are  now  in  ques- 
tion, It  is  ordered  that  such  errors  as  are  alledged  to 
be  comitted  shall  be  certified  vnder  the  com'rs.  hands 
att  the  Assembly  in  March  next,  and  for  the  future 
that  all  lists  shall  be  taken  and  certified  vnder  the 
hands  of  the  com'rs.  and  not  otherwise,  and  so  present- 
ed to  the  Assembly. 

(Rand.  MS.    Bl.  MS.     Jef.  MS.) 


Orders  of  Assemblie  in  Private  Causes. 

[Here  follow,  in  the  Rand,  and  BL  MSS.  the  decisi- 
ons of  the  Grand  Assembly,  in  various  civil  actions ; 
but  they  are  not  of  sufficient  importance  to  justify  theiv 
insertion. — See  Appendix.] 


Edw.  Diggs  THE  Governour  and  Council   have  thought  good 

nominated  t>y  to  call   Mr.   Edward   Diggs,   Esq.  to  be  one  of  thr 

I-«ncTto  bt  Councill,  if  the  Assembly  shall  like  thereof,  and  gigni- 

one  of  the  fie  their  approbation  and  concurrence  therein,  Novem, 

council.  22,  1654. 

RICHARD  BENNETT. 


Approved  by 
the  assembly 


IT  is  vnanimously  consented  vnto,  he  haveing  given 
a  signal  testimony  of  his  fidelity  to  this  collony  and 
Common-Wealth  of  England. 

CHA :  NORWOOD,  Cler.  Assem. 
(Rand.  MS.    Bl.  MS.) 


NOV.  1G54— 5th  OF  COMMONWEALTH.  3^ 

ORDERS  OF  ASSEMBLY 

Concerning  the  March  against  the  Rappa'.  Indians. 

AYHEREAS  divers  complaints  have  bin  made  by  J^^0^" 
the   inhabitants  of  the    counties  of  Lancaster,    Nor-  theRappahan- 
thumberland  and  Westmorland  concerning  divers  in-  nock  Indians, 
juries  and  insolencyes  offered  and  done  by'the  Rappa-  ^"Jf™ ^ 
hannock  Indians,  vnto  them  the  said  inhabitants,  and 
have  refused  to  give  satisfaction  though  often  demand- 
ed  by   the  comissioners  of  the  said  couutyes,  which 
gives  just  occasions  of  jealousies  and  fears  of  an  intend- 
ed warr :  It  is  therefore  ordered  by  this  present  Grand  Certain  coun 
Assembly,  that   the  said   countie-  bee  associated  and  armfcequip 
joyned  together  in  and  concerning  the  affaires  of  their  men. 
neighbouring  Indians,  and  that  for  this  present  expedi- 
tion there   be   raised    in  the  comity  of  Lancaster  one  Lancaster  100. 
hundred  men  sufficiently  furnished  with  armes,  amuni- 
tion  and  provisions,  with  boates  and  other  necessaries 
for   their  voyage  to  the    said    Rappahannock  tovvnes. 
likewise  the  county  of  Northumberland  40  meii  quali-  ^^mber' 
lied  as  aforesaid,  Also  in  the  county  of  Westmerland   Westmoreland 
thirty  men  qualified  as  aforesaid,  and  that  the  said  men  30- 
be  raised  and  pressed  in  such  manner  as  the  first  man 
in  commission   in  each   county  with  the  assistance  of 
the  comissioners  of  the  respective  couutyes  direct  and 
think  fitt  for  the  most  easie  accomplishment  of  this  im-  apPojnted  by^ 
ployment,  and  that  the  nomination  of  the  leaders  of  the  county  courts, 
said  men  in  the  counties  of  Northumberland  and  West- 
merland be  att  the  appointment  of  their  several!  courts 
respectively,  all  which  said  men  so  raised  and  pressed 
in  the  said  three  counties   are  hereby  required  to   re- 
paire  on  the  first  Wednesday  in  February  next  to  the 
houseof  ThomsMeades  in  Rappahannock  river  which  P|aceo1  ren 

■  it  -i  c  n  drzvous. 

is  thought  the  most  convenient  place  of  general!  ren- 

dizvouz,  and  from  thence  Ma'r.  John  Carter  who  is 

hereby   appointed  commander  in  cheife  is  hereby  re-  Lom"!rn  ei 

1      '  1        1      •      1  11  *     •     in  cnie' 

quired  and  authorized  to  march  with  a! I  the  aforesaid 

men  to  the  aforesaid  Indian  towne  and  demand  and 

receive  such  satisfaction  as  he  shall  thinke  fitt  for  the  i^VtVwns 

severall  injuries   done   vnto  the   said  inhabitants   not  and  demand 

vsing  any  acts  of  hostility  but  defensive  in  case  of  as-  satisfaction. 

sault,  And  it  is  further  ordered    that  the  said   Major 

John  Carter  give  account  of  his  proceedings  vnto  the  To  report  to 

houo'blethe  Governour  who  is  hereby  authorized  with  t,,.e 8ov;  " ,H' 
..         ,    .  -  ,  .  .,         .  .     J     ..  «iili  iidvice  ot 

the  advice  of  Ins  counn!  to  determine  of  peace  or  wavv  council  h 


390 

to  decide  on 
peace  or  war. 

Interpreters. 


LAWS  OF  VIRGINIA. 


: 


in  this  and  all  other  emergent  occasions  concerning  the 
said  Indians.  And  it  is  further  ordered,  That  Capt. 
Henry  Fleet  and  David  Wheatliff  attend  the  said  ser- 
vice as  interpreters,  the  charge  of  the  service  aforesaid 
to  born  by  the  three  countyes  above  specified. 

(Hand,  JUS.    Bl  MS.    Jef  JMSL.) 


▲S&l 


T. 


Vreainbie. 


IN'o  bills, 
bonds  or  writ- 
ten engage- 
ments recover- 
able after  three 
years  from 
their  date  un 
less  renewed, 
sued  upon  or 
recorded. 


ACT  I* 

Act  for  renewing  of  Bills  and  Bonds   within   tkrt  e 

years.^ 

WHEREAS  the  nature  of  our  trade  in  Virginia 
in  respect  of  our  present  commodities  and  the  great 
distance  of  our  habitations  inforceth  vs  to  engage- 
ments by  bills,  bonds  and  other  writeings,  vpon  the 
payment  and  discharge  whereof,  either  in  part  or  in 
whole,  the  debtor  is  oftentimes  constrayned  to  accept 
of  receipts,  and  imploy  other  men  therein,  whereby 
many  times  the  bills  and  bonds  doe  lye  out  and  are  not 
taken  vp,  or  delivered  in,  or  the  receipts  lost,  or  the 
parties  and  witnesses  dead,  sue  that  those  debts  are 
againe  demanded  and  recovered  often  times  which  were 
before  justly  paid  and  acquitted,  ffor  remedie  whereof. 
Bee  it  enacted  that  noe  bills,  bonds  or  other  ingage- 
ments  of  writeing  heretofore  made  shall  any  way  be 
pleadable  after  three  years  from  the  end  of  the  sessions 
of  this  present  Grand  Assembly  :  nor  for  the  future 
after  three  years  from  the  date  of  such  bills,  bonds  or 
ingagements  vnles  the  same  be  renewed  or  sued  or  re- 
corded in  the  county  court  where  the  debtor  liveth  or 
where  he  last  resided  (if  he  be  vnknowne  or  non-resi- 
dent) or  absent  out  of  the  county,  or  else  be  sued  or 
recorded  in  the  bookes  of  the  quarter  court  at  James 
Citty. 

(Rand.  MS.     BL  MS.    Jef.  MS.) 

The  acts  of  this  session  are  not  numbered  in  any  of  the  MSS. 
t  The  titles  of  none  of  the  acts  of  this  session  are  given  in  the  BJ. 
MS.  though  the  acts  themselves  agree  with  the  Rand,  and  Jef  MS? 
■tl  which  the  titles  of  the  four  first  nets  arc  inserted 


using  false 
steelyards 


NOV.  1654— 5th  OF  COMMONWEALTH.  3W 

ACT  II. 

Act  concerning  false  Styllyards. 

TO  prevent  the  great  abuse  and  deceit  by  false  styll-  Penalty  foi 
yards  in  this  collony,  It  is  inacted  by  this  Assembly, 
That  whoever  shall  vse  false  styllyards  willingly  shall 
pay  vnto  the  party  greived  three  fold   damages  and 
costs  of  suit,  and  shall  forfeit  one  thousand  pounds  of 
tobacco,  one  halfe  to  the  informer  and  the  other  halfe 
to  the  publique  vse  of  the  county   where  such  offence 
is  comitted,  And  for  the  better  prevention  of  such  de-  weights  to  be 
ceit   it  is   likewise   enacted  that  the  eldest  in  every  kept  at  court 
comission   shall,  att  the  charge  of  the  county,  pro-  hoxxses  f°  tr.v 
cure  and  keep  att  the  court  house  sufficient  weights  to 
try  as  often  as  shall  be  desired  all  styllyards  as  shall 
be  complained  of  or  brought  thither. 

(Rand.  MS.     Bl.  MS.     Jef.  MS.) 


ACT  HI. 

Act  concerning  Imploying  Indians  with  Guns. 

TO  prevent  the  disorderly  imploying  of  Indians  with  No  Person  t0 

gunns  vnder  the  pretence  of  being  their  servants,  It  is  ^m  mthguns 

inacted,  That  noe  person  shall  dare   to   imploy  such  unless  by  li- 

Indian  servants  with  gunns  vnless  they  have  allowance  cense irom  the 

-  .  i  i  i-  /•  i       <-«  county  court 

from  the  county  court  where  they  live  or  from  the  bo-  or  the  gover- 

vernour  and  Councill.  nor  and  coma 

(Rand.  MS.    Bl.  MS.     Jef.  MS,)  ril 


ACT  IV. 

Act  for  Northampton  County  to  take  acknowledgment  of 

Lands. 

IT  is  inacted,  That  the  comissioners  of  Northamp-  Comm'rs.  oi 
ton  county  shall  be  impowered  to  take  the  acknow-  Nor'aropton 
ledgment  of  the  Indians  in  their  county  for  sale  of  their  ^XTad'nX 
lands,  if  the  said  Indians  shall  desire  it,  in  which  they  lodgement  of 
are  required  to  proceed  justly  and  to  have  the  consent  ■alesoflodi- 
of  the  major  part  of  the  low  ne  and  being  so  done  their  '™,sh  consent 
proceeding  is  to  be  transmitted  to  the  Governour  and  ofthemajoi 
Councill   and    allowed  by  them  vnles  they  shall  see   pa»tofth" 

.,  *  J  town 

cause  to  tlie  contrary. 

(Rand.  MS.     BL  MS.     JH.  MS.' 


;*92 


LAWS  OF  VIRGINIA. 
ACT  V* 


Ships  on 
their  arrival  to 
report  to  the 
gov'r. 


And  douse 
sail,  on  pas- 
sing the  fort, 
at  Point 
Comfort. 


Lists  of  pas- 
sengers to  be 
given  to  capt. 
of  fort 


IT  is  thought  Jitt  and  enacted  by  the  Grand  Assem- 
bly that  all  comanders  of  sliipps  or  vesells  arriveing 
in  Virginia  shall  presently  after  their  arrivall  make 
their  addresse  to  the  Governour  to  certifie  of  their  ar- 
rivall and  such  other  matters  as  may  concerne  their 
trade  here  or  otherwise  relate  to  the  whole  country 
vpon  paine  of  such  greivous  censure  as  the  Governour 
shall  please  to  inflict,  and  that  such  shipps  as  shall  pass 
by  theffort  attPoynt  Comfort  either  comeinginorgoe- 
ing  out  shall  douse  saile  and  do  their  duties  as  the  cus- 
tom is,  otherwise  to  pay  double  for  the  shott  made 
against  them  and  incurr  such  other  pennalties  as  their 
contempt  shall  deserve,  and  they  are  likewise  soon  af- 
ter their  coming  to  anchor,  to  repaire  to  the  Capt.  of 
the  ffort  and  deliver  a  list  of  their  passengers  and  take 
order  to  pay  the  castle  duties,  and  be  obedient  to  the 
orders  and  laws  of  the  countrey  as  they  will  answer  the 
contrary  att  their  perill. 

{(Rand.  MS.     EL  MS.    Jef.  MS.) 


Sheriffs  to  be 
recommended 
by  county 
oourts  and 
:ommissioued 
by  governor 
and  council 


ACT  VI. 

IT  is  enacted,  That  the  comissionersof  every  coun- 
ty shall  recommend  three  or  more  to  the  Governour 
and  Councill  who  shall  elect  such  sherriffs  out  of  those 
so  recomended  as  they  the  Governour  and  Councill 
shall  think  most  meet  and  fitt  for  the  place. 

(Rand.  MS.     BJ.  MS.     Jef.  M< 


.Adjournment 
of  assembly 
and  quarter 

<*o'irf 


THIS  Assembly  is  adjourned  till  the  twentieth  da\ 
of  March  at  James  Cittie,  the  quarter  court  is  also 
adjourned  till  the  twentieth  of  March. 

RICH:  BENNETT 

EDWARD  HILL,  Speaker. 
Vera  copia, 

CHARLES  NORWOOD,  Clk.  Assem 


The  number  of  this,  and  the  succeeding  act  isjgiven  in  the  Jef 
MS  hut  the  titles  are  wanting  in  all  the  MP? 


MARCH.  1655-6— 6th  OF  COMMONWEALTH. 


393 


THE  sum  of  one  hundred  thousand  pounds  of  to-   Salary  of  the 
bacco  is  assigned  to  the  Governour  by  this  Assembly,   &overDor- 
in  consideration  of  his  expences,  charge  and  pains  in 
the  government  of  this  collony,  arising  out  of  the  Dutcli 
prizes  and  confiscation  of  forrain  goods  and  ships,  as 
bv  the  accounts  in  the  Assembly  appears. 

CHARLES  NORWOOD,   CI.  Ass. 

(BL  MS.) 


MARCH  10,  1655.* 

\This  should  he  1655-6.     See  post  pa.  40-1 . J 


ACT  1. 

An  Induction  io  the  Acts  concerning  Indium- 

WHEREAS  wee  have  bin   often  putt  into  great  Plan for  cm- 
dangers  by  the  invasions  of  our   neighbouring   and  •>zin& the  In- 
bordering  Indians   which   humanely    have    bin   only  troducing 
caused  by  these  two  particulars  our  extreame  pressures  among  them 
on  them  and  theire  wanting  of  something  to  hazard  &i  tnc,ueaof 

°  separate  pro- 
perty,  &.c 


-  The  25th  day  of  March  was  the  beginning  of  the  year,  accord-  New  Style, 
ing  to  the  Jewish  computation  ;  and  the  game  rule  was  observed  in  adoption  of. 
England  till  by  stat.  24,  Geo.  2,  chap.  23,  sect.  1,  (1751)  it  was  de- 
clared that  after  the  last  day  of  December,  1751,  the  25th  of  Marco 
should  no  longer  be  accounted  the  beginning  of  the  year,  but  that  the 
Tear  1752  should  begin  on  the  first  day  of  January,  aud  so,  in  each 
succeeding  year,  the  first  day  of  January  should  be  deemed  the  fust 
day  of  the  year.  This  statute  was  rendered  necessary  by  the  adop- 
tion, in  England,  of  the  reformed  calendar  of  Pope  Gregory  XIII 
made  in  the  year  1572;  from  which  period  commenced  the  Grego- 
rian calendar,  or  New  Style.  The  calendar  adjusted  by  Julius  Cje- 
15  years  before  Christ,  was  called  the  Julian  Calendar,  or  Old 
Style,  as  contradistinguished  from  the  new  Most  of  the  nations  of 
Europe  had  adopted  the  Gregorian  Calendar  or  New  Style,  long  be- 
fore the  English  ;  who  being  engaged  in  extensive  commerce,  found 
it  convenient,  for  the  sake  of  foreign  correspondence,  to  preserve 
both  the  Old  and  the  New  Styles,  between  the  1st  of  January  and  the 
25th  of  March,  in  each  year.  Accordingly,  in  most  of  the  dates 
prior  to  1752,  (when  the  New  Style  commenced  in  England,)  we  see 
the  old  year  continued  till  the  25th  of  March,  with  the  new  year  an- 
nexed to  it  from  the  1st  of  January  to  that  date  :  Thus,  January, 
1623-4.  February,  1*531-2  March,  1612:.<,  he  But  this  was  not 
■'niforraly  don< 

3B 


<*94  LAWS  OF  VIRGINIA. 

loose  beside  their  lives  :  Therefore  this  Grand  Assent 
bly  on  mature  advice  doth  make  these  three  ensueing 
acts,  which  by  the  blessing  of  God  may  prevent  our 
dangars  for  the  future  and  be  a  sensible  benefitt  to  the 
whole  countrey  for  the  present. 


So  much  of  the  act  of  parliament  of  24th  Geo.  2,  ch.  23,  as  relates 
to  the  establishment  of  the  New  Style,  is  in  the  following  words— 
"  Throughout  all  his  majesty's  dominions  in  Europe,  Asia,  Africa  and 
America,  subject  to  the  crown  of  Great-Britain,  the  supputation  ac- 
cording to  which  the  year  of  our  Lord  beginneth  on  the  25th  of 
March  shall  not  be  made  use  of  after  the  last  day  of  December,  1751 
and  the  first  day  of  January  next  following  the  said  last  day  of  De- 
cember, shall  be  deemed  the  first  day  of  the  year  of  our  Lord  1752,, 
and  so  on,  the  first  day  of  January  in  every  year  shall  be  deemed  the 
first  day  of  the  year.  And  after  the  said  first  day  of  January,  1752, 
the  days  of  each  month  shall  be  reckoned  in  the  same  order ;  and  the 
feast  of  Easter,  and  other  moveable  feasts  thereon  depending,  be  as- 
certained according  to  the  same  method,  as  they  now  are,  until  the 
second  of  September  in  the  said  year  1752,  inclusive  ;  and  the  natu- 
ral day  nest  immediately  following  the  said  second  of  September  shall 
be  called  the  14th  of  September,  omitting  for  that  time  only  the  ele- 
ven intermediate  nominal  days  of  the  common  calendar  :  and  the  na- 
tural days  following  the  said  14th  of  September  shall  be  numbered 
forwards  in  numerical  order  from  the  said  14th  of  September,  ac- 
cording to  the  order  now  used  in  the  present  calendar  ;  and  all  acts, 
deeds,  writings,  notes,  and  other  instruments  executed  or  signed, 
upon  or  after  the  first  day  of  January,  1752,  shall  bear  date  according 
to  the  said  new  method  of  supputation,  &.c."  The  section  then  goes 
on  to  provide  for  the  sessions  of  courts,  &.c.  according  to  the  new- 
method. 

Leap 'year,  With  respect  to  Leap  Years,  the  2d  section  declares,  ':  that  tho 

years  1800,  1900,  2100,  2200,  2300,  or  any  other  hundreth  year  of 
our  Lord,  except  only  every  fourth  hundreth  year,  whereof  the  year 
2000  shall  be  the  first,  shall  not  be  Bissextile  or  Leap  Years,  but  shall 
be  common  years,  consisting  of  3G5  days  and  no  more  ;  and  the  years 
of  our  Lord  2000,  2400,  2800,  and  every  other  fourth  hundredth  year 
of  our  Lord,  from  the  year  2000  inclusive,  and  all  other  years  of  our 
Lord,  which  by  the  present  supputation  are  Bissextile  or  Leap  Years, 
shall  be  Bissextile,  or  Leap  Years  consisting  of  366  days." 

The  subsequent  sections  of  this  act,  as  well  as  an  act  passed  in  the 
35th  of  Geo.  2,  chap.  30,  sect.  2,  provides   for  the  moveable  feasts, 
inclosing  of  commons,  payment  of  rents,  annuities,  reformation  of 
the  calendar,  &.c. — See  1  Cay's  abridgement,  11)2. 
"  Calendar." 

The  reasons  which  induced  the  passing  of  the  above  recited 
act  of  parliament,  and  the  difference  between  the  Julian  &.  Grego- 
rian calendars,  are  well  explained  by  a  writer  nearly  cotemporary 
with  the  act  itself.  Fatoun  in  his  Elements  of  Chronology,  (insert 
ed  in  his  treatise  on  navigation,)  pa.  121,  says,  that  "Julius  Cffisar, 
in  order  to  reduce  Ihe  civil  or  political  year  nearly  to  an  equality 


MARCH,  ltJSa-ti— tuii  DP  COMMONWEALTH.  395 

Ffirst  for  every  eight  wolves  heads  brought  in  by  the  Fo1  everv  8 

Indians,  The  King  or  Great  Man    (as  they  call   him)  jJjSSy 

shall  have  a  cow  delivered  him  at  the  charge  of  the  pub-  the  Indians 

lick,  This  will  be  a  step  to  civilizing  them  and  to  mak-  their  kin£  t0 

ing  them  Christians,  besides  it  will  certainly  make  the  iave  a  cow' 
comanding  Indians  watch  over  their  own  men  that  they 
do  vs  no  injuries,  knowing  that  by  theire  default  they 


with  the  tropical,  and  considering  that  the  tropical  year  consisted 
of  365  days  and  6  hours  nearly,  which  exceeded  the  civil  year  bv 
t>  hours  each  year  and  consequently  in  lour  years  exceeded  it  by 
one  whole  day,  ordered,  that  to  every  fourth  year  there  should  be 
one  day  added,  and  so  make  it  consist  of  366  days,  by  which  means 
the  civil  and  solar  years  were  reduced  pretty  near  to  an  equality. 
This  additional  day  was  put  in  the  month  of  February,  and  because 
in  the  common  year  «hc  twenty-fourth  day  of  February  was  called 
by  the  Romans  the  sixth  of  the  Kalends  of  March,  he  ordered  that 
this  day  should  be  added  after  the  twenty-fourth  day  of  February, 
and  called  by  the  same  name  ;  there  happening  every  fourth  year, 
two  sixths  of  the  Kalends  of  March,  and  hence  that  year  was  call- 
ed Bissextile  or  Leap  Year.  This  way  was  used  by  us  till  the  year 
1752,  when  the  New  Style  commenced." 

"  But  the  true  length  of  the  year  being  365  days,  5  hours  aud 
49  minutes,  and  by  the  Julian  account  365  days  and  6  hours,  'tis 
plain  the  civil  year  exceeds  the  solar  by  1 1  minutes  nearly.  Con- 
sequently, if  the  sun  any  year  enters  the  equinoctial  on  the  20th 
day  of  March  at  noon,  the  next  year  he  will  enter  the  equinoctial 
the  same  day  11  minutes  before  noon,  the  next  22  minutes  before 
noon,  and  so  on.  Consequently  in  131  years  the  solar  will  antici- 
pate the  civil  year  by  one  whole  day  ;  and  so  either  equinox  will  not. 
happen  always  on  the  same  day  of  the  civil  year,  but  be  carried  in 
a  retrograde  order  through  all  the  days  of  it.  This  was  what  put 
Pope  Gregory  XIII.  upon  reforming  the  Julian  kalendar — for,  find- 
ing that  at  the  time  of  the  Nicene  council,  when  the  time  of  cele- 
brating Easter  was  instituted,  the  vernal  equinox  happened  the 
21st  day  of  March,  and  by  flowing  continually  backwards,  it  hap- 
pened at  his  time  ('in  the  year  1572)  on  the  11th  day  of  March, 
anticipating  its  former  time  by  10  whole  days,  he  ordered  that 
these  ten  days  should  be  taken  out  of  the  kalendar,  and  the  11th  of 
.March  should  be  reckoned  the  21st — and  to  prevent  the  seasons 
of  the  year  from  going  any  more  backwards,  as  they  were  before, 
he  ordered  that  every  hundredth  year  of  the  Christian  a;ra  (which 
according  to  the  Julian  kalendar  is  Bissextile)  should  be  a  common 
year  and  so  consist  only  of  365  days — but  this  being  too  much, 
every  four  hundredth  year  was  to  remain  Bissextile  or  heap  Year. — 
But  since  his  time  to  the  year  1752,  one  day  more  has  been  antici 
pated.  which  was  the  reason  that  11  days  were  ordered  to  be  taken 
out  of  the  kalendar  in  the  month  of  September,  1752,  when  the 
New  Style  commenced  in  these  kingdom-;.  The  Julian  form  is  call 
ed  Old  Style  and  the  Gregorian,  New  Style.' 

r  In  the  Thtrid.  MS.  all  the  acts  of  this  session    ex<  epl  the  first,  are 

numbered  in  th<-  margin 


5% 


LAWS  OF  VIRGINIA, 


Exception  as 
to  Acco'ck. 


Indian  chil- 
dren brought 
in  as  hostages 
not  to  be 
treated  as 
slaves,  but  in- 
structed in 
useful  trades, 
fee.  and  their 
parents  to 
choose  with 
whom  they 
arc  to  reside. 


Indian  lands 
not  alienable 
by  them,  and 
no  bargains 
and  sales  va- 
lid without 
the  assent  of 
the  assembly. 


may  be  in  danger  of  losing  their  estates,  therefore  be 
it  enacted  as  aforesaid  only  with  this  exception,  That 
Acomack  shall  pay  for  no  more  then  what  are  killed  in 
their  own  county. 

Secondly.  If  the  Indians  shall  bring  in  any  children 
as  gages  of  their  good  and  quiet  intentions  tovs  and 
amity  with  vs,  then  the  parents  of  such  children  shall 
choose  the  persons  to  whom  the  care  of  such  children 
shall  be  intrusted  and  the  countrey  by  vs  their  repre- 
sentatives do  engage  that  wee  will  not  vse  them  as 
slaves,  but  do  their  best  to  bring  them  vp  in  Christia- 
nity, civillity  and  the  knowledge  of  necessary  trades; 
And  on  the  report  of  the  comissioners  of  each  respec- 
tive county  that  those  vnder  whose  tuition  they  are,  do 
really  intend  the  bettering  of  the  children  in  these  par- 
ticulars then  a  salary  shall  be  allowed  to  such  men  as 
shall  deserve  and  require  it. 

What  lands  the  Indians  shall  be  possessed  of  by  or- 
der of  this  or  other  ensueing  Assemblyes,  such  land 
shall  not  be  alienable  by  them  the  Indians  to  any  man 
defuturo,  for  this  will  puttvs  to  a  continuall  necessity 
of  allotting  them  new  lands  and  possessions  and  they 
will  be  alhvaies  in  feare  of  what  they  hold  not  being 
able  to  distinquish  between  our  desires  to  buy  or  in- 
forcement  to  have,  in  case  their  grants  and  sales  be  de- 
sired; Therefore  be  it  enacted,  that  for  the  future  no 
such  alienations  or  bargaines  and  sales  be  valid  with- 
out the  assent  of  the  Assembly,  This  act  not  to  preju- 
dice any  Christian  who  hath  land  allready  granted  by 
pattern. 


The  county 
of  Northamp- 
ton authorized 
to  enact  laws 
as  to  Indians 
or  manufac- 
tures, subject 
to  the  revision 
of  the  assem- 
bly. 


ACT  II. 

.let  for  Northampton  County. 

BE  it  enacted  the  county  of  Northampton  to  have  li- 
berty of  constituteing  lawes  and  customes  amongst 
themselves  and  to  proceed  therein  according  to  their 
owne  conveniences  not  repugnant  to  the  laws  of  Eng- 
land, Provided  that  before  execution  of  such  lawes  by 
them  to  be  constituted,  those  lawes  be  confirmed  by 
the  Assembly  :  And  this  act  to  extend  no  further  then 
to  Indians  and  manufactures. 


MARCH,  Jo55-H— Oth  OF  COMMONWEALTH.  W 

ACT  III. 

An  Act  for  the  repealing  the  Act  for  Marketts  and  re- 
gulating of  Trade. 

WHEREAS  divers  inconveniences  are  like  to  ensue  ActiVof  Oct. 
by  reason  of  the  act  for  marketts  and  regulateing  of  16^9rePealed 
trade  and  now  taken  into  further  consideration,  Be  it 
enacted  that    the  act  for  marketts  and  regulateing  of 
trade  be  repealed  and  of  none  effect,  Provided  allwaies  Merchants  to 
that  if  any  countrey  or  perticular  persons  shall  settle  beencoura? 
any  such  place  whither  the  merchants  shall   willingly 
come  for  the  sale  or  bringing  of  goods,  SuclTmen  shall 
be  lookt  vpon  as  benefactors  to  the  publique. 

ACT  IV. 

An  Act  repealed  for  all  peices  of  Eight  to  passe  current. 

WHEREAS  there  was  a  law  for  ihe  encouragement      Pieces  01 

of  artificers,  peeces  of  eight  of   what  mettle  soever  e'gh,ofbase 
'    "  o  metal  not  to 

should  pass  for  five  shillings  sterling,  Wee  find  by  ex-  paSs  as  current 
perience,  and  the  artificers  know  it,  that  nothing  can  money 
more  discourage  them,  for  after  they  have  long  labour- 
ed for  a  subsistance  (in  case  this  law  as  noW  it  is  should 
not  be  repealed)  they  would  have  soe  many  counters 
in  stead  of  sterling  money  for  the  sweat  of  their 
browes:  „  „  . 

But  pieces  ot 

Therefore  bee  it  enacted  by  this  Grand  Assembly  that  etsht  offsilJJr 

no  false  money  shall  be   currant  in  this  collony,  yet  s°„*  Roan- 

peeces  of  eight  that  are  good  and  of  silver  shall  pass  oake  k.  Woiu 

for  five  shillings  sterling,  and  Roanoake  and    Worn-  P°mPe(*e  at 

.  .  °  i     .  ii  'he  usual  va- 

pompeeke  to  keep  their  wonted  value.  l„e. 


ACT   V. 

.  iv.  Act  for  Criminall  Causes  to  be  tryed  in  the  severall 

Countyes  repealed. 

WHEREAS  there  was  an  act  for  the  benefitt  and      Criminal 
case  of  the    people   that  criminal  causes    should    be  ^"o'heTricd2 
tryed  in    the    countyes   where  the  offenders  comitted  in  theconntifc 
♦hptn.  Woe  conceive  it  no  ease  nor  benefit!  to  the  peo- 


.396 


LAWS  OF  VIRGINIA. 


but  to  be  tried 
before  the  q'r. 
courts  held  by 
the  gov.  Hz    . 
council  or  the 
assembly, 
which  ever 
shall  first  hap- 
pen. 

Prisoners,  how 
kept. 

If  convicted 
his  estate  to 
remain  with 
his  wife  and 
children  till 
further  order. 


pie  to  have  their  lives  taken  away  with  loo  much  ease. 
And  though  we  confesse  the  same  to  be  done  in  Eng- 
land, yet  wee  know  the  disparity  between  them  and  vs 
to  be  so  great  that  wee  cannot  with  safety  follow  the 
example,  for  noe  countiey  there  but  makes  at  least  ten 
times  the  number  of  people  here,  and  the  jurors  there 
are  more  practised  in  .criminal!  causes  then,  by  the  bles- 
sing of  God,  wee  are  here,  and  have  more  to  informe 
them  in  case  thev  should  err,  And  'tis  a  maxim  that  no 
deliberation  can  be  too  much  pondered  that  concernes 
the  life  of  the  meanest  man  ;  Be  it  therefore  enacted, 
that  from  henceforth  all  criminal!  causes  that  concerne 
life  or  member  be  tryed  at  quarter  courts  before  the 
Governour  and  Councill  or  att  Assemblies  (which  of 
them  shall  first  happen,)  where  it  is  probable  the 
ablest  and  most  impartiall  men  will  meet:  And  he  it 
further  enacted,  That  all  prisoners  be  kept  by  the 
sherriffs  of  the  county  where  the  crime  is  committed 
vntil  the  first  day  of  the  quarter  court  or  Assembly,  &; 
there  be  delivered  vnto  the  sherriffs  of  James  Cittie  ac- 
cording to  an  act  of  Assembly  now  in  force  dated  in 
March,  1642;  And  in  case  the  person  on  his  tryall  be 
condemned  and  executed  there,  his  estate  to  remaine 
in  the  possession  and  to  the  vse  of  his  wife  and  chil- 
dren vntil  further  order. 


Jurisdiction  of 
county  courts 
final  for  all 
sums  under 
1600  lbs.  to- 
bacco or  £16 
sterl. 

Appeals  over 
fhose  sums  al- 
lowed to  qr. 
courts  and  as- 
sembly. 


Damages. 


Spmritv 


ACT  VI. 

WHEREAS  many  appeales  brought  are  meerly  de~ 
latory  and  for  poor,  inconsiderable  causes  whereby 
men  are  defrauded  of  the  justice  they  sue  for,  the  court 
tacitly  taxt  from  whence  they  appeale  and  great 
charges  accrueing  the  suit :  Therefore  be  it  enacted  by 
this  Grand  Assembly,  that  all  suits  and  causes  between 
party  and  party  of  what  valew  soever  not  touching 
life  or  member  be  tryed  by  the  county  courts  and  not 
by  the  quarter  courts  vnles  they  exceed  1600  lb.  of 
tobacco  and  caske  or  £  16  sterling  and  that  noe  ap- 
peales be  from  the  county  courts  to  the  quarter  courts 
or  from  thence  to  the  Assemblies  vnder  the  same 
value;  and  damages  vpon  appeales  to  be  awarded  by 
the  judges  of  appeales,  and  the  appellants  forthwith  to 
putt  in  security  to  pay  what  damages  shall  be  awarded 
against  them:  Provided  that  thp  art  Apr.  13.  lfi/JS.an- 


MARCH,  lb55-6— 6th  OF  COMMONWEALTH.  399 


thorizing  to  what  value  comissioners  are  to  trye,  be  This  act  not 
and  remaine  in  full  force  and  vertue,  any  thing  con-  jjetjonofa 
tained  to  the  contrary  notwithstanding.  single  magis- 


trate. 


ACT  VII. 

WHEREAS  many  fines  are  laid  on  offenders  and  Fines  imposed 

noe  emolument  accrues  to  the  publique  :   Therefore  be  cou^tTappro- 

it  enacted  by  this  Grand  Assembly,  That  all  ffines  made  priated  to 

in  the  county   courts  de  futuro  be  delivered  to  the  purchase  of 

militia  of  the  county  to  be  disposed  of  in  amunition  for  the  militia, 
for  the  good  of  the  county  excepting  such  ffines  as 
are  allready  disposed  of  by  former  acts. 


ACT  VIII. 

WHEREAS  it  hath  bin  taken  into  serious  conside-  For  ""proving 
ration  and  debate  for  the  bettering  our,  (indeed)  only  |ob.S,dSeco°nds 
comodity    tobacco   for  the  benefit  both  of  planter  &;  or  slips  not  to 
merchant  both  equally  complaining  of  its  low  and  con-  be  tended 
temptible  rate,  and  no  expedient  found  butt  lessening 
the  quantity   and  mending  the  quality,  Wee  this  pre- 
sent Grand  Assembly  finding  all  other  stints  inconsis- 
tent with  the  good  of  his  collony,  Maryland  remain- 
ing a  distinct  government :  Doe  therefore  hereby  enact   Penalty 
that  what  person  or  persons  soever  shall  after  publica- 
tion of  this  act  tend,  suffer  or  cause  to  be  tended  any 
tobacco  commonly  called  seconds  and  slips  shall  for  so 
doing  pay  2000  lb.  of  tobacco,  one  halfe  to  the  inform-  How  appro, 
er  and  the  other  halfe  to  the  militia  to  be  disposed  for  Priated- 
amunition  for  that  county  where  the  offence  shall  be 
committed,  and  likewise,  That  all  sherrifls  and  collec-  Electors"!!, 
tors  have  a  speciall  care  in  receiveing  the  leavie  tobac-  be  careful  as 
co  without  more  then  its  proportion  of  ground  leaves  t0  receiving 
and    in  case  of  difference,  the  next  comissioner  to  ap-  f^°""s 
point  two  sufficient  men  to  view  the  tobacco,  and  vpon 
their  report  to  the   said    comissioners  either  to  take  it 
or  proceed  to  distresse  as  in  case  of  non-payment. 


ACT  IX. 

WHEREAS   there  are  many   places  destitute   of  P**«»M« 
ministers,  and  like  still  to  continue  soe,  the  people  con- 
tent not  payinjre  their  accustomed  dues,  which  makes 


40U 


LAWS  O^  VIRGINIA, 


All  tiie  comi- 
ties to  be  divi- 
<led  into  pa- 
rishes. 

Parish  levy 
15  lb.  tobacco 
per  poll  for 
building 
churches  and 
purchasing  a 
glebe  and 
stock  for  the 
minister. 


Vestries  re- 
sponsible for 
the  tobacco 
levied. 


them  negligent  to  procure  those  which  should  teach 
and  instruct  them,  soe  by  this  improvident  saveing 
they  loose  the  greatest  benefitt  and  comfort  a  Chris- 
tian can  have,  by  hearing  the  word  and  vse  of  the 
blessed  sacraments,  Therefore  be  it  enacted  by  this 
present  Grand  Assembly,  That  all  countys  not  yet 
laid  out  into  parishes  shall  be  divided  into  parishes 
the  next  county  court  after  publication  hereof,  and  that 
all  tithable  persons  in  every  parish  within  this  collony 
respectively,  in  the  vacancy  of  their  minister,  pay  15  lb. 
of  tobacco  per  poll  yearly,  and  that  tobacco  to  be  de- 
posited in  the  hands  of  thecomissioners  of  the  severall 
counties,  to  be  by  them  disposed  of  in  the  first  place 
for  the  building  of  a  parish  church,  and  afterwards  the 
surplusage  thereof  (if  any  be)  to  go  towards  the  pur- 
chaseing  of  a  gleab  and  stock  for  the  next  minister  that 
shall  be  settled  there  :  Provided  that  the  vestrys  of 
the  severall  parishes  be  responsible  for  the  said  tobac- 
co so  leavied. 


Preamble. 


IS'o  admnis- 
trations  to  be 
confirmed  till 
after  the  3d 
qr.  court  ex- 
cept to  the 
widow  and 
next  of  kin. 


Order  of 
paying  debts. 


Estate,  when 
to  be  sold  at 
auction 


ACT  X. 

WHEREAS  l'rs.  of  administration  are  suddenly 
obtained  and  the  estate  as  suddenly  disposed  of  vnder 
pretence  of  greatest  creditor  or  neerest  kin,  whereby 
often  times  those  that  are  really  so,  the  one  is  defraud- 
ed of  his  just  debt,  and  the  other  barred  of  his  right 
and  interest,  the  estate  being  imbezilld  before  either 
can  have  notice,  Therefore  be  it  enacted  by  this  pre- 
sent Grand  Assembly,  That  no  administrations  be  con- 
firmed vntill  the  third  quarter  court  be  past,  except 
the  widow,  and  then  it  speedily  to  be  granted  vpon  her 
request,  or  vpon  the  request  of  the  next  kin  ;  and  for 
takeing  care  of  the  deceased  estate  vntil  the  time 
above  limitted,  be  referred  to  the  comissioners  of  the 
county  where  the  deceased  dyed. 

That  all  debts  that  are  brought  in  and  proved  may 
be  paid  according  to  priority  in  law,  and  debts  to  be 
paid  proportionably  if  equall. 

That  the  estate  may  be  sold  at  an  outcry  where  thert 
is  not  sufficient  assetts,  if  the  creditor  shall  require  i' 


MARCH,  1655-6— Gtli  OF  COMMONWEALTH.  401 

That  none  have  their  quietus  est  vnder  a  year  and  a  Quietus,  when 
day  after  the  confirmation  of  the  administration 

1 
that  ;  npioi 


Surplus  estate 
nt 


If  any  administrator  be  of  no  kin  and   have  assets,  after  paymem 

...at  all  the  estate  left  after  debts  be  paid  .  -  cmployedTin6 

ed  in  the  county  where  he  lived  for  setl  I   ma-  manufacture*, 

nufactures  or  for  other  publique  vses,  tin'  administrator  ^f-  \{*he  . 

....  ill  i   /•       i  •  adm  rbeof  no 

being  paid   his  reasonable  charges  and  lor  his  paines.  kin  to  tl  e  hl. 


This  act  shall  be  of  noe  force  or  effect  vntil  the  24th 
of  June  next,  which  will   be  in  the  yeare  of  our  Lord   ment  0f  Rct 
1656. 


ACT  XI. 

BE  it  enacted  by  this   Grand  Assembly  that  if  any      Runaway 

runuaway  servant  offend   the  second  time  against  the  servants, for 

act  in  March,   1642,  concerning    rutin  away  servants  secondof- 

that  then  he  shall  onely  be  branded  with  the  letter  R:  branded  with 

and  passe  vnder  the  statute  for  an  incorrigible  rogue,  the  letter  R. 

but  also  double  his  time  of  service  so  neglected,  and  Passunderthe 

.......  .  ,  •  a  i      statute  for  an 

soe  likewise  double  the  time  that  any  time  atterwards   incorrigible 
he  shall  neglect,  and  in  some  cases  more  if  the  comis-  rogue,  and 
sioners  think  fitt:  And  be  it  further  enacted  by  the  au-  [JJaiSkSt. 
thority  aforesaid  that  he  or  she  that  shall  lodge  or  har-  Penalty  for 
bour  any  such  runaways  shall  not  only  pay  20  lb.  of  to-  harboring  a 
bacco  per  night  but  also  40  lb.  of  tobacco  per  day  as 
long  as  they  shall  be  proved  to  entertaine  them,  con- 
trary to  an  act  of  Assembly  in  March,  1642,  relateing 
to  hired  servants. 


\  .ml 


ACT  XII. 

WHEREAS  it  is  much  to  be  doubted,  That  the  i>rcau),,|, 
comon  enemie  the  Indians,  if  opportunity  serve, 
would  suddenly  invade  this  collony  to  a  totall  subver- 
sion of  the  same,  and  whereas  the  onlv  means  for  the 
discovery  of  their  plotts  is  by  allarms,  of  which  no  cer- 
tainty can  be  had  in  respect  of  the  frequent  shooting 
of  gunns  in  drinking,  whereby  they  proclaim,  and  as 
it  were,  justifie  that  beastly  vice  spending  much  pow- 
der in  vaioe,  that  might  be  reserved  against  the  comon 
enemie,  Be  it  therefore  enacted  that  what  person  or  Nogou»t< 
persons  soever  shall,  after  publication    hereof,    shoot  i 

3  C 


402 


LAWS  OF  VIRGINIA. 


cept  at  mar- 
riages k,  fu- 
nerals, under 
penalty  of 
300  lb.  of  to- 
bacco. 


any  gunns  at drinkeing  (marriages  and  ffuneralls  onely 
excepted,)  that  such  person  or  persons  so  offending 
shall  forfeit  100  lb.  of  tobacco  to  be  levied  by  distresse 
in  case  of  refusall  and  to  be  disposed  of  by  the  militia 
in  amunition  towards  a  magazine  for  the  county  where 
the  offence  shall  be  comitted. 


Comm'rs.  or 
justices  of 
the  peace  to 
be  recom- 
mended by 
the  court  and 
appointed  by 
the  gov.  and 
council. 


Inhabitants  of 
the  colony  be- 
ing sole  own- 
ers of  vessels 
exempted 
from  castle 
duties. 


ACT  XIII. 

BE  it  enacted  by  this  present  Grand  Assembly  that 
noe  person  or  persons,  for  the  future,  be  admitted  to 
be  a  comissioner  for  any  county  court  whatsoever,  but 
such  as  shall  be  desired  by  the  court  and  appointed 
bv  the  Governour  and  Councill. 


ACT  XIV. 

FFOR  the  encouragement  of  trade  be  it  enacted  that 
all  persons  inhabiting  in  this  collony,  being  sole  own- 
ers of  any  vessell,  shipp  or  barque,  tradeing  to  any 
lawfull  port  whatsoever,  be  exempted  from  all  castle 
duties  but  if  any  matter  shall  arise  in  question  the 
oathes  of  the  owners  shall  be  required  to  make  it  ap- 
peare  that  they  are  such  owners. 


Western  and 
inland  Indians 
having  seated 
themselves 
near  the  falls 
of  James  ri- 
ver. 


Coll.  Edward 
Hill,  with    a 


ACT  XV. 

WHEREAS  information  hath  bin  given  that  many 
western  and  inland  Indians  are  drawne  from  the 
mountaynes,  and  lately  sett  downe  neer  the  falls  of 
James  river,  to  the  number  of  six  or  seaven  hundred, 
whereby  vpon  many  severall  considerations  being  had, 
it  is  conceived  greate  danger  might  ensue  to  this  col- 
lony, This  Assembly  therefore  do  ihinkfitt  to  resolve 
that  these  new  come  Indians  be  in  noe  sort  suffered  to 
seate  themselves  there,  or  any  place  near  vs  it  haveing 
cost  so  much  blood  to  expell  and  extirpate  those  perfi- 
dious and  treacherous  Indians  which  were  there  for- 
merly, It  being  so  apt  a  place  to  invade  vs  and  within 
those  lymitts  which  in  a  just  warr  were  formerly  con- 
quered by  us,  and  by  vs  reserved  at  the  last  conclusion 
of  peace  with  the  Indians,  In  pursuance  whereof  there- 
fore and  due  respect  to  our  own  safety,  Be.  it  enacted 


MARCH,  1655-6— 6th  OF  COMMONWEALTH.  403 

by  this  present  Grand  Assembly,  That  the  two  vpper  p;u',v  of  nie» 

countyes,  vnder  the  command  of  Coll.  Edward  Hill,  mJ^  them** 

do  presently  send  forth  a  patty  of  100  men  at  least  and  without  m&k- 

that  they  shall  first  endeavour  to  remoove  the  said  new  ins  war,ifpos- 

¥  •  ,.  .  ,  ,     •  .,. .  ,  .  sible,  ami  to 

come  Indians  without  makeing  warr  it  it  may  be,  only  require  the  as- 
ill  a  case  of  their  own  defence,  alsoe  strictly  require! ng  sistance  of  the 
the  assistance  of  all  the  neighbouring  Indians  to  aid  lie|g|,bo|'ins 

,  ,9  /•     i  •    i  r  Indians  bound 

them  to  that  purpose,  as  being  part  ot  the  articles  ot  i,v  treaty. 

peace  concluded  with  vs,  and  faileing  therein  to  look 

duely  to  the  safety  of  all  the  English  of  those  parts  by 

fixing  of  their  arms  and  provideing  ammunition,  and 

that  they  have  recourse  to  the  Governour  and  Councill 

for  further  direction  therein,   And  the  Governour  and  Gov.  to  send 

Councill  are  desired  to  send  messages  to  Tottopotto-  "}essengersto 

i      i       i~n  •    i     i  •  ii        r     *•  i  lottopotto- 

moy  and  the  Cluckahomynies  and  other  Indians  and  moy  andChi- 

to  treate  with  them  as  they  in  theire  wisdoms  and  dis-  chahotainyln- 

eretions  shall  think  fitt.  ,,i*ns 


ACT  XVI. 
WHEREAS  we  conceive  it  something  hard   and  AH  free  men 
vnagreeable  to  reason    that   any  persons  shall    pay  £"^,1^°' 
equall  taxes  and  yet  have  no  votes  in  elections,  There- 
fore it  is  enacted  by  this  present  Grand  Assembly,  That 
soe  much  of  the  act  for  chooseing  Burgesses  be  re- 
pealed as  excludes  freemen  from  votes,  Provided  all-   How  t0  S,ve 

tncir  votes 

waies  that  they  fairly  give  their  votes  by  subscription 
and  not  in  a  tumultuous  way,  and  it  is  further  provid- 
ed by  this  act  that  the  rest  of  the  act  of  March,  1654, 
concerning  choosing  Burgesses  (this  clause  only  ex- 
cepted) be  and  remain  in  full  force,  any  act  provided 
to  the  contrary  notwithstanding. 


law. 


ACT  XVIf. 

BEE  it  enacted,  that  there  be  30  lb.  of  tobacco      Revenue 
per    poll   raised   in    every    county   respectively,  for 
discharging  of  such  debts  as  here  are  presented  to  the 
Governour  and  Council,  to  dispose  of  the  same  to  the 
countrey  creditors  as  also  of  the  overplus  (if  any  be) 
in  case  there  be  no  Assembly  called  before  the  last  of 
October  next  ensueing. 
March  27,  1656. 

E'D.  DIGGS. 
fTRANCIS  MORVSON,  Speaker. 


'KM 


MARCH  24,  1655. 

[03^  This  was  the  session  of  March,  1654-5.— The 
preceding  session  was  that  of  March  10th,  1655-6, 
as  appears  both  from  the  date  in  page  403  and  from 
the  adjournment  mentioned  in  page  407. — They  are 
here  published  in  the  order  in  which  they  were  ar- 
ranged in  the  MS.  the  mistake  not  having  been  dis- 
covered in  time.] 

PUBLIC  ORDERS  OF  ASSEMBLY.t 


Stratton  Ma- 
jor parish  es- 
tablished. 


ORDERED,  That  from  Poropotank  to  Mattapony 
vpward  (vizt )  on  the  north  side  of  Yorke  river  be  a 
distinct  parish  by  the  name  of  Stratton  Major. 


Surveyors  to 
be  recom- 
mended to 
co'ty,  courts 
by  competent 
judges  and 
appointed  by 
the  courts 

Those  un- 
qualified to  be 
divested  of 
their  offices. 


ORDERED,  That  no  surveyor  or  surveyors  be 
elected  but  such  as  are  chosen  by  the  comissioners 
of  such  counties  where  such  occasion  shall  be  offered, 
and  those  so  chosen  to  be  recommended  to  the  said 
com'rs.  by  persons  well  experienced  in  the  faculty,  and 
such  as  at  the  present  are  not  sufficiently  qualified  for 
the  purpose  aforesaid  to  be  devested  of  such  imploy- 
ment  or  imployments  and  the  comissioners  to  judge  and 
determine  of  theire  qualifications  after  such  cognizance 
given  as  aforesaid. 


Comm'rs  to 

lay  of!' bounds 
of  Nanseniond 
^IsleofWi-ht 
counties  and 
to  report  to 
the  assembly 


VPON  the  petition  of  the  Isle  of  Wight  Burgesses 
in  behalfe  of  the  inhabitants  of  that  county,  It  is 
ordered,  That  3  of  the  comiss'rs.  of  each  county,  (that 
is  to  say)  of  JNanzemund  and  the  Isle  of  Wight  county 
shall  meet  att  a  sett  time  before  the  next  Assembly  to 

i  Under  the  title  of  "  Public  Orders  of  Assembly"  are  inserted 
promiscuously,  the  Journals  of  the  House  of  Burg-esses,  containing 
the  appointment  of  committees,  &c.  the  Resolutions  of  the  Assem- 
bly on  general  and  local  subjects,  which  have  the  force  of  laws,  and 
the  decisions  of  the  house  on  appeals  in  civil  actions.  To  insert  the 
whole  of  these  orders,  would  occupy  too  much  room. — Such  parts 
therefore,  as  merely  relate  to  individuals,  and  will  throw  no  light  on 
i  hi'  history  or  jurisprudence  of  that  period,  are  omitted 


3IARCH,  1(554-5— 6tii  OF  COMMONWEALTH. 


405' 


3ay  out  the  bounds  oi'  eacli  county,  and  in  case  of  dif- 
ference to  render  account  thereof  to  the  next  Assembly 
that  it  might  be  determined. 


IN  the  case  of  John  Bromfeild,  pit.  and  widdow 
Crumpe  defendant,  It  being  found  that  the  will  of 
Richard  Buck,  from  whence  the  land  descends  to  the 
orphant,  there  does  not  appeare  any  estate  past  to  Brid- 
get Bromfeild,  late  wife  of  John  Burrowes  otherwise 
then  for  terme  of  life  onely:  there  being  not  mention 
in  the  said  will  of  heires,  assignes  for  ever,  nor  in  fee 
simple,  &c.  Likewise  it  being  found,  that  this  very 
case  in  November  29,  1642,  was  adjudged  by  the  Go- 
vernour  and  Cocncill  to  be  but  an  estate  for  tearme  of 
life  and  soe  thrice  voted  in  this  Grand  Assembly  : 
Likewise  it  being  further  found  that  there  were  5  other 
guardians  of  the  said  Buck's  children  by  the  said  will 
and  that  they  never  claimed  an  estate  in  ffee  simple  but 
onely  for  tearme  of  life:  It  is  therefore  ordered  that 
ihe  said  Elizabeth  Crumpe  continue  her  possession 
without  any  further  molestation  in  the  premisses,  it 
being  voted  and  concluded  as  aforesaid. 


Broomfeildvs. 
Crumpe. 

Construction 
of  a  will, 
which  not 
using  the 
words  heirs-, 
assigns  for 
ever  or  fee-    ■ 
simple,  &tc. 
held  that  the 
devisee  took 
an  estate  fov 
life  only. 


IN  the  difference  between  Capt.  Streeter,  who  marri-  Streeter  vs. 
od  Mrs.  Burbage,  the  relict  of  Capt.  Thomas  Burbage,  Je"bage's 
It  is  ordered,  That  the  plantation  of  the  said  Burbage 
att  Nansemund    be  equally  devided  in  quantity   and   Dower  how 
quality   both  land  and   houseing,  and  all  other  lands  assigned  and 
of  the  said  Burbage  be  divided  according  to  quantity  ^atpfr?P°l" 
and  quality  as  aforesaid  into  thirds  by  a  jury  vpon  the  lands. 
place :  of  both  which   being  soe  devided    the   said 
Streeter's  wife  is  to  chuse  which  halfe  of  the  plantation 
att   Nansemund  and    which  thirds  of  the  other   land 
she  pleaseth  to  enjoy;  the  same  only  for  her  life:  And 
Win.  Burbage  to  take  the  remainder  as  heire  att  lawe, 
the  charges  of  those  divisions  to  be  bearen  according 
to  each  others  proportions. 

In  the  difference  between  Carbery  Kyggan  and  Wm.    Hygfan  vs. 
Norwood,  It  is  ordered,  That  Kyggan  pay  the  charge  Norwood- 
of  the  jury   and  what   was   incident   therevnto :  but  Specific  per- 
♦hat  Norwood  satisfie  the  said  Kyggan  700  lb.  of  to-   formance  <>• 

ceo  for  damaires  the  said  Kyggan  snsteined  in  tho  ereei 


4(H) 


LAWS  OF  VIRGINIA. 


Writing  de- 
livered up  to 
be  cancelled. 


house,  orchard  and  the  ffence  belonging  to  the  come 
ffeild,  and  that  each  partye  since  the  said  jury  bear 
their  own  charges,  And  that  Norwood  deliver  vp  Kyg- 
gan's  bill,  it  appearing  alreadie  satisfied,  and  make  a 
firme  conveyance  of  the  land  bought  of  him  byKyggan 
to  his  heires  and  assigns  for  ever. 


Com'wealth 
vs    Swann. 
Homicide 
per  misadven- 
ture. 


Pardon  grant- 
ed by  the  as- 
sembly, there 
being  no  chan- 
cellor or  pub- 
lic seal  in  the 
colonv 


WHEREAS  Leift.  Coll.  Tho.  Swann  at  a  sessions 
holden  by  commission  from  the  Governour  the  second 
day  of  July  last,  in  Surry  County,  accused  &c  -im- 
peached for  the  death  of  his  servant  one  Elizabeth 
Buck,  The  fact  found  by  the  jury  homicide  per  misad- 
venture whereby  he  is  by  law  of  England  to  sue  out  his 
pardon  of  course  vnder  the  broad  seale  from  the  chan- 
cellor, ffor  obteyning  of  which  he  hath  now  humbly 
addressed  himselfe  to  the  Governour  and  Councill — 
Vpon  consideration  thereof  had 

Whereas  this  collony  is  not  as  yet  settled  with  such 
officers  as  belong  to  passing  such  pardons  and  noe  pub- 
lick  seale  being  in  the  countrey,The  Governour,  Coun- 
cill and  Burgesses  of  this  present  Grand  Assembly 
conceive  it  sufficient  to  declare,  That  the  said  Thomas 
Swan  be  discharged  from  further  trouble,  and  be  re- 
stored to  the  like  condition  he  was  in  before  the  said 
homicide  per  misadventure  comitted  by  him,  and  that 
he  may  safely  acquiesse  herein  as  if  his  pardon  had  bin 
sued  out  formally.  And  as  concerning  his  goods  and 
chatties  to  be  forfeited  thereby,  they  likewise  conceive 
and  declare  that  the  rigor  and  forfeiture  hereof  shall 
not  be  taken,  and  that  he  shall  be  acquitted  for  the 
same. 

BY  THE  ASSEMBLY : 

The  Assembly  desire  to  be  informed  whether  legall 
proceedings  were  had  in  the  tryall  of  Left.  Coll.  Tho. 
Swan  by  those  judges  appointed  by  the  Governour's 
comission. 


ed. 


The  legality  being  averred  it  is  ordered  to  be  record- 
CHARLES  NORWOOD.  Clk.  Assent. 


MARCH,  1654-5— 6th  OF  COMMONWEALTH. 


407 


ORDERED  that  this  Assembly  be  adjourned  till  Adjournment 
the  I  Oth  day  of  March  next,  1656,  And  in  case  any  of  assembl>- 
of  the   present   Burgesses   are  now  elected   sherriffs 
the  inhabitants  of  such  countyes  are  to  proceed  to  new 
elections. 


ATT  A 


$ffiffi®ft^ 


held  at  James  Cittie. 


KNOW  all  men  by  these  presents,  That  I  Sr.  Wil-  ^wm^m 
liam   Berkeley,  Knt.  doe  by  these  presents  in  consi-  Berkeley  to 
deration  of  the    quantity  of  seaven  and  twenty  thou-  RicIVd  B«n- 
sand  five  hundred  pounds  of  tobacco  to  me  in  hand  paid  ^us°  a*  JaH 
the  receipt  whereof  I  hereby  acknowledge  and  divers  City, 
good  causes  and  considerations  me  therevnto  moove- 
ing  give  and  grant,  bargaine  and  sell  vnto  RichardBen- 
nett,  Esq.  Governour  of  Virginia  and  to  his  heires 
and  assignes  for  ever  all  my  right,  title  and  interest 
that  I  have  or  may  have  in  my  house  in  James  Cittie, 
lately  in  the  tenure  of  William  Whittby  being  the  wes- 
termost  of  the  three  brickhouses  which  I  there  built : 
To  have  and  to  hold  the  said  third  brickhouse  with  the 
appurtenances  and  land  therevnto  belonging  to  the  said 
Richard  Bennett,  his  heires  and  assignes  for  ever. — 
And  I  the  said  Sr.  William  Berkeley  further  agree  &: 
promise  to  make  any  further  assurance  in  law  vpon 
reasonable  demand  as  by  counsell  learned  in  thelawes 
shall  be  thought  fitt,  In  wittness  whereof  I  have  here- 
vnto  sett  my  hand  and  seale  the  thirtieth  day  of  March, 
one  thousand  six  hundred  ffifty  five. 

WILLIAM  BERKELEY: 

The  Scale. 
Signed,  scaled  and  delivered  in  the 
presence  of  vs, 

WILLIAM  CLAYBORNE 

THO.  BR.ERETON. 

STEPHEN  GRAY. 

THOMAS  ELLIS. 

Wm.  WATERS. 

The  30th  of  March,  1655.  ^ 


408 


LAWS  OF  VIRGINIA, 


Livery  of  sei- 
zin. 


LIVERY  and  seizin  was  the  day  and  yeare  above- 
written  given  and  delivered  to  the  said  Richard  Ben- 
nett, Esq.  by  the  within  named  Sr.  William  Berkeley. 
Knt.  of  the  House  within  named,  In  the  presence  ot 
vs,  William  Clayborne,  William  Waters,  Thomas 
Brereton,  Stephen  Gray,  Thomas  Ellis. 

CHA:  NORWOOD,  Clk.  Assem. 


ATT  A 
held  att  James  Citty,  March  31,  1665, 


s» '  B: 


Clerks  to 
give  receipts 
for  papers 
received  by 
them. 


Ordered  the  Governour  and  Councill  be  as  followeth  :* 

EDWARD  DIGGS,  Esq.  Governour. 

Coll.  Wm.  CLAYBORNE,  Secretary  and  next  in 

Council. 


Capt.  John  West, 
Coll.  Sam    Mathewes, 
Coll.  Argoll  Yardly, 
Coll.  Thomas  Pettus, 
Coll.  Humphrey  Higgison, 
Coll.  George  Ludlow, 
Coll.  WilPm.  Bernard, 


Coll.  Bridges  fireeman, 
Coll.  Edward  Hill, 
Coll.  Wm.  Taylor, 
Coll.  Tho.  Dew, 
L't.Coll.Obed  Robins- 
Leift.  Coll.  Mathews, 
Capt.  Henry  Perry, 


Capt.  Wm.  Gooch. 

ORDERED  that  the  clerke  or  clerkes  of  the  coun- 
ty court  in  James  Cittie,  and  all  other  courts  within 
tins  collony  shall  give  a  receipt  of  what  draughts  or 
writings  they  shall  receive  of  any  person  or  persons 
whatsoever. 

*  This  is  the  second  election  of  Governour  and  Council,  which 
appears  to  thave  been  made;  since  the  existence  of  the  common- 
wealth. Richard  Bennett  was  elected  the  first  Governour,  on  the 
30th  of  April,  1652,  (see  ante  pa  371)  and  held  that  office  till  U <■ 
election  of  Diges  on  this  31st  of  March,  1655, 


.MARCH,  1654-5— 6th  OF  COMMONWEALTH.  40ft 

ORDERED,  That  the  comissioners  of  t  e    ount:   Twodfettaet 
of  Northampton  sliall  exercise  judicature  in   two  (lis-   L^t^f-or 
tinct  places  of  that  county,  That  is  to  say,  in  the  vp-   holding  courts 
per  and  lower  parts,  the  middle  devision  to  be  Hun-   '°  Northamp 
ger's  Creeke  from  the  head  thereof  to  the  widow  Billi- 
on's house,  including  the  said  house  in  the  lower  pre-   Upper  and 
cincts,  and  that  the  administration  of  justice  shall  be  ,ower  |KU,f- 
on  the  iSth  day  of  every  rnoneth  in  the  vpper  part  and   Court  davs. 
the  other  in  the  lower  part,  And  that  the  comissioners 
of  the  respective  divisions  sliall  attend  the  courts  held 
thereto  according  to  the  time  and  day  within    Jimit- 
ted. 


BY  reason  of  the  great  inconvenience  occasioned  by  Court  to  be 
the  partition  of  the  Isle  of  Wight  county  by  Pagan   ^shoTtsle 
Creeke,  it  is  ordered  that  in   each  parish  of  the  said  0f  Wight. 
county  a  monthly  court  be  held  on  the  9th  day  of  every 
moneth    successively    each    parish    still    continueing 
equally    relative  to  the  comissioners  of  the  county  in 
gtnnerall  and  that  the  com'rs.  of  each  parish  appoint 
places  convenient  for  the  holding  of  the  courts  afore- 
said. 


A®m  m  A&BBSBHLT. 


ACT  I. 

FFOR  the  avoiding  creditors'  charges  and  trouble  Attachment 

in  recovery  of  debts,  It  is  enacted,  That  all  persons  re-  ^"i"01'17-"1 

.  affainst  per- 

moveing  themselves  and  families  into  any  remote  plan-   sons  removing 

tation  northerly  or  southerly,  and  the  said  persons  soe  with  their  fa- 

removeing  being  ingaged  to  any  person  or  persons  re-  j^6^^' 

sideing   within  that  county    or   ueer  therevnto  from   ments. 

whence  they  shall  first  remove,  shall  vpon  warrant  is-   pxecu,ioll  to 

sueing  out  from  the  office  against  them  personally  ap-  issue  against 

pear,  and  not  by  attorney,  and  judgment  once  obtain-  )[lc"  *>°<«e*  oi 

1   .      '     .  J  ytjo  tlic  debtors  ; 

ed  against  them:  execution  vpon  non-payment  to  their  wnoaretobe 
creditors  shall  issue  against  their  bodies  and  their  said  impriaonedai 
bodies   shall   be   forthwith  conveyed  to  James  Cittie,  James  Llty 
tliere  to  remaine  till  the  debt   be  satisfied  :  Provided 
that  this  act  extend  not  beyond  one  whole  year  from   kin"****0* 
the  time  of  his  removeall. 

3   D 


410 


LAWS  OF  VIRGIMA, 


ACT  II. 

beWll^with"  FF0R  the  better  securing:  the  peace  both  of  English 
in  the  English  and  Indians,  Bee  it  inacted,  That  no  Indian  or  Indians 
bounds  unless  coming  within  onr  lands  or  bounds  shall  be  killed  vn- 

chief  miS         *es  they  tne  saifl  Indians  shall  be  taken  in  any  act  or 
acts  of  mischeife : 


No  Indians 
to  be  enter- 
tained without 
license  from 
theco'ty.  court 
or  2  justices  of 
the  peace. 
Indian  chil- 
dren, by  leave 
of   their  pa- 
rents, may  be 
taken  as  ser- 
vants,but  must 
be  educated 
and  bro'tup  in 
the  Christian 
religion. 


And  be  it  further  inacted  that  noe  person  or  persons 
shall  entertayne  or  receive  any  Indians  without  leave 
first  obteined  from  the  countye  court  where  such  occa- 
sion shall  be  offered,  or  at  leastwise  from  two  comission- 
ers  whereof  one  shall  be  of  the  quorum ;  And  that  all 
Indian  children  by  leave  of  their  parents  shall  betaken 
as  servants  for  such  a  terme  as  shall  be  agreed  on  by 
the  said  parent  and  master  as  aforesaid;  Provided  that 
due  respect  and  care  be  had  that  they  the  said  Indian 
servants  be  educated  and  brought  vp  in  the  Christian 
religion  and  the  covenants  for  such  service  or  services 
to  be  confirmed  before  two  justices  of  the  peace  as 
aforesaid. 


Inhabitants 
exporting 
their  tobacco 
not  liable  to 
any  ciuty  or 
custom. 


ACT  III. 

Be  it  enacted,  That  no  inhabitants  exporting  their 
tobaccoes  out  of  this  colony  shall  be  liable  to  the 
payment  of  any  taxe  or  custome  whatsoever,  notwith- 
standing any  thing  in  any  former  act  or  acts  provided 

to  the  contrary. 


FiCTS  Of 

night  of  what 
metal  soever, 
to  pass  at  5s.  a 
piece. 


act  iy.* 

FFOR  the  greater  incouragemeut  of  manufacture 
and  other  trade  be  it  inacted  that  all  peeces  of  eight  of 
what' mettle  soever  shall  pass  for  currant  and  lawful  1  at 
five  shillings  per  peece  imediately  after  publication  of 
this  act  and  if  any  person  or  persons  shall  refuse  any 
peece  or  peeces  in  or  for  any  consideration  tendred  vn- 

*  This  art  repealed  at  the  next  session.  See  ante  ch.  IV.  pa.  397. 
The  acts  of  March,  1655-6,  having  been  placed  before  those  of 
March,  1654-5,  in  the  MS  ;  and  both  of  them  being-  numbered  sim- 
ply 1655,  the  mistake  was  not  discovered  till  it  was°too  late  to  alter 
the  arrangement 


MARCH,  1654-5— 6th  OF  COMMONWEALTH. 

to  them,  the  said  party  so  refuseing  shall  be  liable  to 
the  censure  of  the  next  ensuring  county  court  where 
such  contempt  shall  be  offered. 


411 


ACT  V. 

BE  it  enacted,  That  the  com'rs.  of  each  county  court  nqthnrfoed  to 


shall   have  authority  to   license   ordinaries   and  tier-   license  tavern 

keepers  and 
ferries. 


rves. 


ACT  VI. 

BE  it  enacted  by  this  Grand  Assembly  That  all  I-  Irish  ser- 

rish  servants  th?t  from  the  first  of  September,   1653,  vants  bro't  in 

have  bin  brought  into  this  collony  without  indenture  dentures"* 

(notwithstanding  the  act  for  servants  without  inden-  above  16 

tures  it  being  only  the  benefitt  of  our  own  nation)  years  old  to 

*  serve  o  VfHrs  * 

shall  serve  as  followeth,  (vizt.)  all  above  sixteen  yeares  jf  under"  \q  t0' 

old  to  serve  six  years,  and  all  vnder  to  serve  till  they  serve  till  24. 
be  twenty-four  years  old  and  in  case  of  dispute  in  that 
behalfe  the  court  shall  be  judge  of  their  age. 


ACT.  VII.* 

BE  it  enacted  by  this  present  Grand  Assembly  that 
all  Burgesses  shall  be  sumoned  and  elected  in  man- 
ner hereafter  expressed,  That  is  to  say,  that  the  sever- 
all  and  respective  sherriffs  shall  within  ten  dayes  after 
the  receipt  of  such  writts  as  they  shall  receive  to  that 
purpose  cause  the  same  to  be  published  and  by  giv- 
ing notice  of  the  same  from  house  to  house  by  the 
sherriff  or  this  deputy  to  all  persons  interested  in  elec- 
tions, which  he  is  to  doe  ex  officio  :  And  then  and  there 
also  to  publish  and  declare  the  certain  day  of  the  week 
and  moneth  for  chooseing  Burgesses  to  serve  in  the  As- 
sembly for  all  accustomed  places  in  the  severall  coun- 
tyes  and  parishes  respectively. 

That  at  the   day  and  place  of  elections  the  sher- 

•  This  art  is  numbered  in  the  margin  of  the  MS.  7,  8,  9,  as  three 
distinct  acts  ;  but  the  subject  matter  not  admitting  of  such  division  F 
have  romprised  the  whole  in  one  act 


Election  of 
burgesses ; 
how  tne  time 
and  place  of 
election  to  be 
notified  by  the 
Sheriffs 


When  and 
where  held 


Sheriffs  to 
attend  the 


4Ji! 


LAWS  OF  VIRGINIA, 


•lection  a;id 
make  returns 
lo  the  secre- 
tary's oHice 
of  the  persons 
elected   by  I  lie 
subscription  of 
the  major  part 
of  the  electors. 
Penalty. 

Qualifications 
of  persons  to 
be  elected. 
Right  of  suf- 
frage to  be 
exercised  by 
all  house- 
keepers, whe- 
ther free  hol- 
ders, lease 
holders  or 
other  tenants. 
Pen  alt  j  for 
voting-,  not 
being  qualifi- 
ed 

Rut  one  per- 
son in  a  fa- 
rnily  to  vote. 


riffs  sImII  take  view  of  the  said  elections,  and  before 
the  sitting  of  the  Assembly  make  returne  into  the  se- 
cretary's office,  att  James  Cittie,  of  the  persons  then 
and  there  elected,  by  subscription  and  of  the  major 
part  of  the  hands  of  the  electors  ;  and  that  the  sherriff 
who  shall  wittingly  or  willingly  make  any  false  return 
or  neglect  his  duty  shall  incurr  the  pennalty  of  10000 
lb.  of  tob'o. 

That  the  persons  who  shall  be  elected  to  serve  in 
Assembly  shall  be  such  and  no  other  then  such  as  are 
persons  of  knowne  integrity  and  of  good  conversation 
and  of  the  age  of  one  &t  twenty  yeares — That  all  house 
keepers  whether  (freeholders,  lease  holders,  or  other- 
wise tenants,  shall  onely  becapeable  to  elect  Burgesses, 
and  none  hereby  made  vncapable  shall  give  his  sub- 
scription to  elect  a  Burgesse  vpon  the  pennalty  of  four 
hundred  pounds  of  tobacco  and  cask  to  be  disposed  of 
by  the  court  of  each  county  where  such  contempt  shaH 
bevsed:  Provided  that  this  word  house  keepers  re- 
peated in  this  act  extend  no  further  then  to  one  person 
in  a  (family.* 


One  or  two 
places  to  be 
Jet  apart  in 
«ach  county, 
to  which  the 
rrade  of  the 
county  and 
markets  sir.'! I 
be  wholly 
cbnfined. 


ACT  VIII. 

An  Act  fur  regulateing  of  Trade   and  establishing 
Ports  and  Places  for  JUarketts. 

TO  prevent  the  great  inconveniencies  of  trade  and 
comerce  in  this  coliony,  the  long  demorage  of  shipps 
with  the  greate  abuse  of  (forestallers  whereby  the 
poor  inhabitants  of  this  coliony  are  greatly  impo- 
verished : 

Be  it  enacted  by  this  present  Grand  Assemblies  as  fol- 
lowed) :  That  in  every  county  respectively  within  this 
coliony  there  be  one  or  two  places  and  no  more,  ten 
miles  distant  forthwith  appointed  and  sett  apart  by  the 
comissioners  with  the  consent  of  the  inhabitants  if  it 
may  be  within  the  extent  of  one  mile  and  a  halfe  or  two 


*  This  act  was  amended  by  act  XVI  of  the  next  session  (see  ante  pa 
403)  and  the  right  of  suffrage  extended  to  all  free  men. — See  note  to, 
act  IV  of  this  session 


MARCH,  1655-4— 6th  OF  COMMONWEALTH.  41a 

at  the  most  vpoti  one  or  both  sides  any  small  river  or 
creeke  within  the  same  where  the  marketts  and  trade 
of  the  county  shall  be  and  not  else  where. 

That  all  shipps  or  vessells  whatsoever  arriving  after  ah  ships  or 
the  expiration  of  this  Assembly  shall  be  conmnded  &   v,sse,s  ie" 

r.     ,  ,  ,      J  .  .  striclcd  to  par- 

compeljed  to  make,  vpon  oath,  a  true  entry,  att  the  place   titular  pons 
and  to  the  officer  appointed  lor  that  purpose,  of  theire  appointed  by 
shipps,  vessels,  and  all  their  merchandises  and  servants  th,8act- 
that  are  to  be  putt  off,  according  to  their  severall  bills 
of  ladeing,  and  the  boatswaines  booke  ;  and  that  they 
and  all  the  merchants  and  others  haveing  any  of  them   Tomakeentry 
to  sell  shall  be  hereby  enjoyned,  vpon  penalty  of  being  on  oath- 
adjudged  fforestallers  and  to  incurr  the  penalty  there-   Merchandise 
of  sett  by  the  iawes  of  England,  before  any  vnshipping  ,0  bt  carried 
or  vnlading  thereof,    to  declare  and    accordingly   to   o°f  '^J^t '*" 
transport  and  carry  the  same  to  some  one  or  more  pla-   hereby  ap- 
ces  of  markett  appointed  by  this  act,  and  there  to  sell   i»o"ited- 
the  same  ;  And  be  it  further  ordained,  that  all  ffreedom 
of  trade  shall  be  maintained,  and  all   merchants  and   Freedom  of 
traders  shall  be  cherished,  and  receive  all  lawfull  as-  U!U.le  lo  lje. 

,    .  .  .      ,  .  maintained, 

sistance  and  incouragement,  with  due  justice  against  &Ci 

their  debtors,  and  for  the  dispatch  of  shipping;  And 

that  the  act  forbidding  above  fifty  per  cent,  gaine  in 

merchandise  shall  be  repealed  and  void.  CbmaVra. 

1  in  greeting 

And  it  is  hereby  further  enacted  and  injoyned  that  be  fined  by 

all  comissioners  neglecting  their  assistance  and  dutves  the  gov.  and 

required  hereby  shall  be  fmeable  by  the  Governour  and   council  i  to 
*-.  mi         l  -i  -ii  i  make  report. 

Council!,  who  are  required  especial! v  to  see  the  ac-   ^, 

eomplishmeut  of  this  act :  And  the  said  comissioners   Ifar.fdoubt 

forthwith  to  certifye  to  the  Governour  and  Council!  fri8e?.to/1bffe" 

<?  termmed  by 

their  proceedings  in  the  same  and  the  place  or  places   the  gov. and 
nominated  in  the  severall  respective  countyes,  and  iff  cnanciMur- 
any  doubt  arise  the  same  to  be  determined  by  the  Go-   ^th/assem- 
veruour  and  Couucill  in  the  vacancy  of  Assemblies,     bly. 

Alsoe  the  comissioners  of  the  severall  counties  re-  Comm'rs.  to 
spectively  shall  appoint  the  day  of  the  week  for  their  JJfffil'tt! 
markett,  differring  from  the  adjoyning  marketts,  and   cause  public 
shall  keep  their  courts,  the  clerkes  and  sherriiTs  office  office"  an,t 

d_  • .  I  ■      .  I         •  r  ,i  •  i  i  i    houses  to  be 

prison  within  the  circuit  of  the  said  marketts,  and   k    ,  wilhin 

endeavour  to  have  their  meeting  places  or  churches  &  the  circuit  of 

ordinaryes  for  enterlaynement  and  lodging  within  the  ,lie,narket- 

same,  Provided  nevertheless  that  all  merchants  or  tra-  Merchant! 

dew,  att  theire  pleasure,  shall  and  may  With  certificate  may  trans- 


414 


LAWS  OF  VIRGINIA, 


porf,  by  certi- 
ficate, goods 
from  one  mar- 
ket to  another. 
Alter  eight 
months  from 
arrival  of 
goods,  they 
may  be  sold 
any  where. 


transport  any  of  their  goods  from  one  markett  to  ano- 
ther within  this  collony. 

Provided  also,  that  after  8  months  tyme  of  the  arri- 
vall  and  first  landing  of  all  goods  and  merchandizes 
they  may  be  sold  and  vended  at  any  other  place  or  pla- 
ces not  within  the  circuit  of  the  said  marketts  and  shall 
not  incurr  the  penalty  of  forestalled  or  any  other  pro- 
vided by  this  act. 


Sf 


AT    A 


MELD  AT  JAMES  CITTY  BY  PROROGATION  FROM  THE 
10TH  OF  MARCH,  1655,  TO  THIS  INSTANT,  FIRST 
OF  DECEMBER,  1656,  WHEREIN  WAS  INACTED  AS 
FOLLOWETH. 

FIRST  in  respect  of  divers  members  being  some 
dead,  some  chosen  sherriffs,  these  vnderwritten  were 
elected,  admitted  and  according  to  order  have  sub- 
scribed. 


Lancaster  County. 


JYansemund  County. 


Se.  Henry  Chichley,  Kn't.  Capt  Edwa^  g-^ 

Tr      .      ^  Mr.  John  Wilcox. 

Henrico  County. 

Major  Wm.  Harris. 

Isle  of  Wight  County. 
Mr.  Job.  Beazley. 

Gloucester  County. 
Capt.  Ramslcv 


Lower  Xorfolke. 
Capt.  Richard  fibster. 

Elizabeth  Citty. 
Mr.  Peter  Ashton, 


DEC.  1656— 7th  OF  COMMONWEALTH.  415 

ACT  I. 

WHEREAS  there   is  an  act  that  makes  killing  of  Former  law- 
Indians  lawful!  that  are  taken  comitting  trespasse  or   JJJt^iftokill 
other  harm,    And    the  oath    of   the  party  that  kills   an  Indian 
them    to  be  evidence  sufficient  for  proofe  of  the  said  committing  a 
trespasse  or  harme,  This  Grand  Assembly  conceive-    ^j"' 
ing  the  words  to  be  of  too  great  a  latitude,  The  crimes 
if  proved  of  too  meane  a  nature  to  deserve  the  punish- 
ment of  the  greatest    And  the  evidence  too  weake  be- 
ing but  one,   And  not  to  be  allowed  being  a  party,  The 
said  Grand  Assembly  haveing  a  sad  apprehension  of 
the  small  account  hath  been  of  late  made  of  shedding 
Indians'  blood,  though  never  so  innocent,  whereby  we 
may  probably  be  involved  in  a  warr  for  vs  and  our  pos-   ,.-  T   .. 

/  r     •      _i  .  *.  No  Indian  to 

terity,   And  expect   a  success  answerable  to  the  mjus-  be  killed  un- 
tice  of  our  beginning  if  no   act  be  made  for  the  future  less  commit- 
to   prevent  this  wanton  and  vnnecessary  shedding  of  ^hfchVouW 
blood,   Therefore  be  it  enacted  that  the  aforementioned  be  felony  in 
act  be   repealed,  And  that  no  Indians  that  arc  in  our  an  English- 
protection  be  killed,  not  comitting  what  would  be  fe- 
lony in  an  Englishman,  And  that  two  oatlies  at  least  The  felony  to 
must  be  evidence  of  the  said  felony,  or  the  said  felony  be  proved  by 

mil     i       .iL  j       4     *i  •  c  ^  '      two  witnesses, 

ciently  by  the  act  proved,  And  in  case  ol  trespasse  j„  case  of 

or  harme,  the  Indian  committing  it  if  taken  to  be  cor-  trespass  the 

rected,  but  not  to  death  or  maimeincr.     And  the  tres-  Il,(1,an  to  be 

passe  to  be  viewed   ami  valued  by  two  sufficient  men,  satisfaction  to 

And  satisfaction  to  be  required  of  the  King  or  great  be  demanded 

man.     And  to  prevent  the  frequency  of  those  mischiefs,  of  the  kms 

Be  it  enacted   that  no  Indian    come  within  our  fenced  j\r0  ludians  to 

plantations  without  a    tickctt  from  some  person  to  be  come  within 

nominated  on  the  head  of  each  river  where  the  Indians  e°ced  '    "" 

.  ii     r     i  •       tations  with- 

live.     And  it  shall  be  then  lawfull  lor   all  Indians  m  out  a  ticket, 
amity  torepaire  to  the  house  of  that  party  comeingwitb-  but  coming 
out  amies,  or  haveing  his  tickett,  they  may  fowl,  fish  ^aV^w""" 
or    gather   the  wild  fruits  without  hiuderance  of  any,  fishorgathei 
Provided  it  be  not  within  any  fenced  plantation,  And  wikl  flllifs 
that   it  shall  be  lawful!  for  any  (freeman  to  repair  to 
the  said  houses  or  Indian  marls  and  to  truck  with  the  All  free  men 
said  Indians  for  any  cotnodities  not  prohibited  by  the  ^i'h the  In- 
laws of  this  country,  And  of  all  debate,  arising  in  their  dians 
bartering   the    first    in   CO  mission  in  that  place  to  be  incase  of 
judge   and   to  distribute  equal!  justice  to  them  both,  disputes  tin 
And  his  order  in  the  bu     it     to  be  of  force  both  to  the  f,r|rt 'Vtode- 
U&Ind                 I  all  acts  for  the  killing  of  Indi-  tcrraine. 


416  '        LAWS  OF  VIRGINIA, 

ans  to  be  hereby  repealed,  Provided  they  keep  with- 
out ihe  bounds  forbidden  by  the  articles  of  peace  with 
them. 


ACT  II* 

it  executor  CONCERNING  orphans  estates,  Be  it  from  hence- 

refuse  to  qua-  forth  enacted,  That  all  wills  and  testaments  be  firmc 
oVthedece*  *  an^  inviolable,  but  in  case  the  executors  or  overseers 
dent  to  be  refuse  to  execute  their  trust,  then  the  estates  dis- 
managed  as  m  posecj  0f  by  wju  to  be  liable  to  such  rules  as  are  laid 

case  ot  intes-       i  /•       Ai  p  c 

tacv.  down  lor  the  management  01  estates  or  persons  intes- 

Orphans  to  be    tate. 
educated  on 

the  interest  of  That   noe  accounts  be  allowed  on  orphans  estates, 

but 'if  too      '  DUt  they  to  be  educated  vpon  the  interest  of  the  estate, 

small  for  that  if  it  will  beare  it,  according  to  the  proportion  of  their 

purpose  the  estate.   But  if  the  estate  be  so  meane  and  inconsidera- 

orpnans  to  be    .  .       .         .         ..,  .  r  .  .  ,  . 

bound  out  ble  that  it  will  not  reach  to  a  free  education  then  that 
unless  some  orphan  be  bound  to  some  manual)  trade  till  one  and 
friend  will        twentv  yeares  of  age,  except  some  (friends  or  relations 

keep  them  on  •    • 

the  interest,  he  willing  to  keep  them  with  the  increase  of  that  small 
The  principal  estate,  without  diminution  of  the  principal!,  which  whe- 
to  remain  nn-  t^      greate  or  small  allways  to  returne  to  the  orphans 

unpaired.  o  •'  * 

Cattle, horses   at  the  yeares  appointed  by  law. 

&.  sheep  to  be 

returned  in  That  all  catteil,  horses  and  sheep  be  returned  in  kind 

in?  to  age  ky tne  guardians,  according  to  age  and  number,  where- 
*nd  number  at  he  received  them,  as  all  household  stuff,  lumber  and 
by  the  guardi-  t|ie  |jj<e  lo  De  prJzecJ  jn  money,  A;. d  by  the  guardians 

an  to  his  v.  aid.  ,  ...»  i-         /     i  -in 

Household  te  he  paid  in  the  country  comodity  (whatsoever  it  shall 
stuff,  by  ap-  be)  to  the  orphans  as  it  is  then  currant  in  the  country 
praised  value,  ancj  jrj  t|ie  perticular   place  where  the  orphan's  estate 

payable  in  .  -1  *  * 

country  pro-     is  managed. 

duce. 

Courts  to  That  the  court  take  able  and  sufficient  security  for 

take  sufficient  i  .    .  i        _    •  1        ^  ^i  •"?       o 

security  for  oi'P"ans  estates,  and  enquire  yearly  of  the  security,  <k 
orphans  e.-,-  if  the  court  sees  cause,  to  have  it  changed  or  called  in 
tates  k  to  ex-  anc|  placed  as  the  court  shall  think  best,  The  said  court 
yearly— to  '      a'so  l0  enquire  whether  orphans  bekept  and  maintajai- 

change  it  if        

necessary.  *  The  different  sections  of  this  act  are  numbered  in  the  margirt 

of  the  Rand.  MS.  to  8  inclusive,  in  the  same  manner  as  the  acts 
themselves  ;  then  follow  the  numbers  of  the  acts  in  their  progressiva 
order,  as  inserted  in  this  collection. 


DEC.  1656— 7th  OF  COMMONWEALTH.  41* 

ed  and  educated  according  as  their  estates  will  heare,  Tneil  | '■"" ■• 

a       i  •  i>   i  c      i  i    c  j  power  iVUntv 

And  if  they  find  any  notorious  defect  to  remove  the  or-  .^  ,,(  „  ,.u..  ■ 

plians  to  oilier  guardians,  As  also  for  those  that  are  dians. orphan 

bound  apprentices  to  chance  their  master  if  he  vse  them  a1"1  "PP"  ati 
rigourously  or  neglect  to  teach  them  his  trade. 

That  such  orphans  as  are  not  bound  apprentices  shall  pi"**1*8  no' 

r  II  -•   i     •       bound appren- 

attcr  seaventeen  yeares  ol  age  have  the  produce  of  their  tkestojiave 

owne  labours  and  industry  and  to  dispose  of  as  they  product  of 

list,  besides    the    maintenance    from    their  guardians,  JJjJJ  ^fter  li 

Allwaies  provided  that  nothing  be  infringed.  years  of  age, 

That  no  more  be  allowed  to  guardians  for  collecting   Commissions 
of  debts  (\ue  to  the  estate  then  what  is  allowed  vsuallv   guardians 
by  merchants  to  their  (factors  or  attorneys,  or  rather 
that  so    much    in   the  hundred  be  appointed  as  shall 
seem  reasonable  to  the  court?. 

That  thirty  pounds  of  tobacco  per  day  and  no  more   Allowance  to 

bn  i*i  •  c      A  •  .     i*     li    appraisers  oi 

e  d lowed  to  each  apprizer  lor  the  appmement  ol  all   (^t;,.,., 

estates  if  they  will  take  it. 

That  there  be  a  regulation  of  excessive  fluneral  char-  funeral 

.     ,°  ...  ,    charges  not  to 

ges  by  the  comissioners  where  nothing  is  mentioned   be  excessive. 

concerning  them  in  the  decedents  will. 


ACT  in. 

BE  it  enacted  from  henceforth  that  all  money  debts  ,  Allmonej 

i-i  i  i     ii   i         i        i    i  i  i  i  debts  recover 

tnadein  the  colony  shall  be  pleadable  except  only  such  ahlc  except 

as  were  madein  time  of  a  former  prohibition  of  money  thosecontract- 

debts   being  pleadable  (vizt.)    from  the   26th  day  of  jjjjjj^g 

March  A'o.  1643,  to  the  tenth  of  October,  A'o.  1649.  duringafor-' 

As  also  all  money  debts  which  are  or  shall  be  made  in  merprobibi 

England  for  goods  imported  into  this  collony  but  not  "on- 
otherwise 


ACT  IV. 

.Igatnst  Fraudulent  Deeds* 

WHEREAS  by    the    15th    act    in    March,    1642,   Noestateia 

and   also  by  the  15th  of  the   30th  of  Aprill,    1G52,   la"  :,s  !°°* 
J  r  '    ■"'  chattel 

*  Act  IV  is  the  first  act  of  this  session  inserted  in  the  J<i.  MS.  the 
three  preceding  acts  being  laid  to  be  wanting  in  tin-  journal  But 
tberare here  given  entire  i    taken  from  the  l(:nul   M 

3  E 


418 


LAWS  OF  VIRGINIA. 


to  pass  over 
unless  by  con- 
veyance, te  be 
acknowledged 
before  the  go- 
vernor and 
council  or 
co'ty.  court  &, 
registered 
■within  six 
months. 


It  hath  bin  provided  that  no  person  or  persons  should 
pa*se  over  by  conveyance  or  otherwise  any  part  of  his 
estate  whereby  his  creditors  not  haveing  knowledge 
thereof,  might  be  defrauded  of  their  just  debts  voles 
such  conveyance  were  first  acknowledged  before  die 
Governour  and  Council  or  at  the  monthly  courts  and 
there  registered  in  a  booke  for  that  purpose  within  six 
months  after  such  alienation,  This  Assembly  hereby 
confirmcth  the  aforesaid  acts,  And  further  explaineth 
them  that  no  part  of  any  estate  whether  in  lands,  goods, 
or  chattells  shall  be  made  over  otherwise  then  as  afore- 
said is  expressed. 

(Rand.  MS.    Jef.  MS.) 


A  reward  of 
£  -'0  sterling 
fo:  importing 
i  minister. 


ACT   V. 

Concerning  Ministers  Imported.* 

WHEREAS  many  congregations  in  this  collony 
are  destitute  of  ministers  whereby  religion  and  devotion 
cannot  but  suffer  much  impairment  and  decay,  which 
want  of  the  destitute  congregations  ought  to  be  sup- 
plied by  all  meanes  possible  to  be  vsed,  As  also  to  in- 
vite and  encourage  ministers  to  repaire  hither  and  mer- 
chants to  bring  them  in,  Bee  it  therefore  hereby  enact- 
ed for  the  reasons  aforesaid,  that  what  person  or  persons 
soever  shall  at  his  or  their  proper  cost  and  charge 
transport  a  sufficient  minister  into  this  collony  without 
agreement  made  with  him  shall  receive  for  satisfaction 
of  his  or  their  said  charges  of  him  the  said  minister 
or  they  that  shall  entertaine  him  for  their  minister, 
twenty  pound  sterling  by  bill  of  exchange  or  two 
thousand  pounds  of  tobacco,  and  also  for  what  money 
shall  be  disbursed  for  them  besides  their  transporta- 
tion to  be  allowed  for. 

(Rand.  MS.    Jef.  MS.) 


:;  The  titles  of  this,  and  the  succeeding  act  are  inserted  in  the 
Jef.  MS  but  not  in  the  Rnnd.  MS.  though  the  acts  are  the  same  in. 
both  MSS. 


DEC.  1656— 7th  OF  COMMONWEALTH  418 

ACT  VI. 

Concerning  Attorniea. 

THIS  Assembly  findeing  many  inconveniencies  in  A,,QC,S 
the  act  prohibiting  mercenary  attornies,  dot  therefore  "fnarv  sutor- 
hereby  enact,  and  be  it  by  these  presents  enacted,  that  nies  rep'led 
that  act,  and  all  other  acts  against  mercenary  attor- 
neys to  bee  totally  repealed,*  And  be  it  enacted  that  Govnor  and 
the  Go\ernour  and  Councill  shall  appoint  and  allow  council  to  li- 
such  as  they  shall  find  fitt  and  able  to  be  attornies  in  hi  "q'r  courts" 
the  quarter  courts,  and  the  comissioners  to  do  the  like  ana  comm'rs, 
bv  uominateing  attornies  for  the  county  courts,  Provi-  to  "°'nmate 

*  «  fittoriiit*s  tor 

ded  that  no  attorney  be  admitted  to  practice  or  plead,  county  co'rts 
before  he  have  taken  this  oath  following : 

[The  oath  is  wanting  in  both  MSS.] 

And  if  any  controversies  arise  between  attornie  and  Court  to  de- 

his  client  about  their  flee,  it  shall  be  determined  in  the  term!"e  il* t0 

court  where  the  cause  is  pleaded.  Provided  allwaies  dispute  arise. 

that  those  onely  be  called  councilors  at  law,  who  have  None  to  be 

alireadie  been  qualified  therevnto  by  the  lawes  of  Eng-  ca!!ed  c°""" 

ii  !•<•     i  •  ii         •    -l     i  cellorsatlaw 

l?nd,  and  those  so  qualified  to  enjoy  all   pnviledges  but  those  qua 
those  lawes  give  them.  liflPl]  by the 

(Rand.  MS.     Jef.  MS.)       J™  °f  E"5' 


AT  VII. 

Concerning  Planting  of  Come. 

BE    it    enacted    that  all  person,  or  persons  shall  Two  acres  of 

plant  and  tend  for  every  tithable  person  in  their  family  com  to  be      i 

two  acres  of  corne  vnder  the  pennaltieof  five  hundred  every  tithable 

pounds  of  tobacco  for  every  acre  neglected  as  aforesaid  person  in  a  fa- 

to  b<*  paid  by  the  offender  and  to  be  levied  by  the  sher-  p^vaU 

riff  for  the  counties  vse,  and  the  constables  in  their  se-  Duty  of  cw 

verall  lymitts  to  looke  strictly  after  the  breach  of  this  stable? 
act,  vpon  notice  given  them  by  the  comissioners. 

(Rand.  MS.     Jef.  MS.) 


'  <5ee  ante  pa.  275,  302.  313.  849 


42U 


LAWS  OF  VIRGINIA, 


iU  mulberry 
trees  to  be 
planted  for 
every  100  a- 
ores  of  land 
held  in  <<-e 
simple,  and 
sufficiently 
f'enred  and 
'(■nded. 


Penally  for 
neglect. 


Not  to  extend 
to  orphans  till 
2  years  afier 
full  age. 

Nortopropric 
tors  sot  in 
actual  posses- 
•:on» 


ACT  VIII 

Concerning  Planting  of  Mullbcrry  Trees. 

WHEREAS  by  experience  silke  will  be  the  most 
profitable  comoditie  lor  the  countrey  (if  well  manag- 
ed) and  as  the  greatest  conducement  therevntf>  requir- 
ed, is  provision  of  Mullberry  trees,  Be  it  enacted  and 
confirmed  by  this  present  Grand  Assembly,  that  eveiie 
proprietor  of  land  within  the  colLony  of  Virginia  shall 
for  everie  one  hundred  acres  of  land  holden  in  flee, 
plant  vpon  the  said  land  tenn  rnullberry  trees,  at  twelve 
foote  distance  each  from  other,  and  secure  them  by 
weeding,  and  a  sufficient  ffence,  from  cattell,  horses, 
he.  between  this  and  the  last  of  December.  1G.58,  and 
for  everie  tree  that  shall  be  wanting,  or  vntended  in 
manner  aforesaid  >'.f  the  said  proportion  at  the  said 
last  of  December,  165S,  he  the  said  proprietor  that 
shall  be  soe  delinquent  shall  pay  tenne  pounds  of  to- 
bacco, one  halfe  to  the  informer,  the  other  halfe  to  the 
countie  v\  here  the  delinquent  livelh,  Provided  that  this 
act  do  not  extend  vnto  orphans,  vntil  the  expiration  of 
two  yearcs  after  their  full  age,  and  then  if  delinquent 
to  be  liable  as  aforesaid,  And  no  person  in  planting 
more  then  his  number, shall  excuse  any  that  hath  plant- 
ed less,  Provided  allwaies  that  this  act  extend  not  to 
such  proprietors  as  are  not  in  actual!  possession. 

(Hand.  MS.     Jef.  MS.\ 


Person  taking 
up  estrays  of 
horses  or  cat- 
tle,  or  lost 
bouts  to  pre- 
sent a  particu 
lar  descrip- 
tion within 
one  month 
id  the  clerk 
•  f  the  court. 


ACT  IX. 

Concerning  Stray  Horses  and  Cattell. 

FOR  rcmedie  of  the  great  abuse  and  wrong  done 
in  takeing  vp  stray  horses,  cattell  and  lost  boats  not 
onely  in  concealing  of  them,  but  in  vseinge  and  em- 
ploying of  them;  to  the  hurt  and  damage  of  the  owners, 
Be  it  enacted  by  this  present  Grand  Assembly,  that  eve- 
rie person  or  persons  that  shall  take  vpp  or  keepe  any 
stray  horses, cattell  or  boates,  shall  within  one  moneth 
after  the  takeing  vp,  such  stray  horses,  cattell  or  boates 
present  a  pellicular  declaration  in  writeinge  vnder  their 
hands  totheclerke  of  that  county  where  the  said  boate, 
horses  and  cattell  is  taken  vp,  of  the  marks,  stature. 


DEC.  1656— 7th  OF  COMMONWEALTH.  4si\ 

colour  of  the  horse  and  cattcll,  and  proportion  of  the  Rcn,rns  t0  l,f 
boat,  with  what  is  found  in   her,  and  that  the  clarke  is 
to  record  the  same,  and  to  make  returne  of  all  such  re- 
cords to   the  next  quarter  court,  which  said  returnes  Penalty  for  not 
are  to  be  recorded  in    the  secretaries  office;  and   for  such  desCTip 
every  person  not  presenting  as  aforesaid  shall  pay  two  tion.&dn 
thousand  pounds  of  tobacco,  one  halfe  to  the  informer  cle,ks  for  not 

■  ii  i  !•    i  /•    i  i  ii  recording. 

the  other  tothepublick  vse  of  the  county,  and  pay  all 
reasonable  costs  and  damages  to  the  party  greived,  all 

clarkes   makeing  default   herein   shall    be  greivously  lhisact  "ouo 

o  o  «/  prevent  the  lo- 

amerced  by  the  Goveruour  and  Councill.     Neverthe-  Saipr<>secu- 

iess  this  act  shall  not  be  interpreted  to  hinder  the  legall  |io"  of  those 

c                                                      .1           l     ii  c  ii  who  irlonious- 
prOSeCUtlOVI  ot  any  person  or  persons  that  shall  telloni-  iv  take  or  steal 

ausiy  take  or  steale  any  horses,  cattell  or  boats  in  this  auy  horses, 

collonie.  (Rand.  MS.  cahte  or  boats. 


ACT  X. 

WHEREAS  bv  a  former  act  of  Assembly  priviledge  Coun*iesto 

.    .  .  t>  pavtheexpen- 

was  granted  to  any  parish  to  send  one  or  two  rJurges-  ses  of  their 

ses,  and  severall  disputations  ariseing  therevpon,  how  burgesses;  but 

the  charges  of  the  said  parochial!  Burgesses  should  be  gu^u", 

defrayed,  It  is   ordered    that  everie  county   shall    pay  foranyparti- 

the  Burgesses  usually  sent  from  the  respective  conn-  cu,ar purpose,- 

i  i"-/.  'lin  T"»  such  parish   tit- 

ties as  formerly,  and  it  any  parish  shall  return  a  bur-  t[ie  ex, 

gesse  for  their  perticuiar  occasion,  then  the  charge  of  pense. 

the  said    Burgesse   to  be  levied  in  and   by  the  parish 

that  elected  him. 

(Rand.  MS.     Bl.  MS.     Jef.  MS.) 


Committee  appointed  for  Reveiiv  of  the  Acts*  Committees 

appointed. 


Capt.  Francis  Willis,  Chairman. 

For  a  revisa- 

Leift.  Coll.  Abraham  Wood,  of  ,1,e  laws 

(  oil.  Geo  :  Reade, 
Mr.  John  Wilcox. 


*  At  tliis  session  a  revisa!  of  all  the  laws  was  directed.  They 
were  accordingly  digested  into  one  volume,  and  passed  at  anas, 
lombly  held  in  March  1657-8-rThe  revisa!  i<  contained  in  L31 
a< ■>-.  ma  i    ..f  which  are  well  adapted  to  the  existing  Btate  ■  >)  the 

'Oimtrv 


422 


LAWS  OF  VIRGINIA. 


For  private 
causes. 


Members  of 
council  ap- 
pointed by  the 
gov.  and  coun- 
cil, during  the 
recess  of  the 
Assembly. 

Their  ap- 
pointment 
confirmed. 


For  Private   Causes. 

Major  Holt,   Chairman. 

Mr.  Peter  Ashton,  Mr.  A  nth.  Wvatt. 

Capt.  Ko  :  Ellison,  Capt.  Moore  ffantlero} . 

Capt.  Ralph  Langley,        Capt.  Win.  Harris, 

Capt.  Win.  Whittaker. 

Whereas  the  Governour  and  Couneill  in  respect  of 
some  emergent  necessitie  had  made  choice  of  Lei  ft. 
Coll.  Walker  and  Mr.  Nathaniel  Bacon  to  be  added 
to  the  Couneill  during  the  intervall  of  the  Assem- 
bly, this  Assembly  takeing  the  reasons  into  conside- 
ration confirme  their  election  and  accordingly  have 
consented. 

(Rand.  MS.     Bl.  MS.) 


Voyage  of  dis-       VPON  the  petition  of  Coll.  Thomas  Dew  to  be  im- 
coveryof  the     p0vverefj  to  make  a  disco verie  of  the  navigable  rivers 

navigable  vi-      '        .  .  .  .  „  TT  j  v, 

vers  between     to  the  southward  between  (.ape  Hatterras   and  Lape 

Ca^eHatteras  Feare   with    such   gentlemen  and  planters    as   would 

p"d      P!L        voluntarily  and  att  their  owne  charge  accompanie  him, 

feed. '  It  is  ordered  that  the  said  Coll.  Thomas  Dew  be  hereby 

authorized  and  impou  ered  to  make  the  said  discoverie. 

Provided  it  be  done  at  the  proper  charge  of  the  vnder- 

takers,  and  not  at  the  cost  of  the  publique,  and  in  tffe 

absence  or   in  case  of  the  mortality  of  Coll.  Thomae 

Dew,  Capt.  Thomas  Francis  is  hereby  invested  with 

the  like  power. 

(Rand.  MS.     Bl.  MS.) 


Sentence  priV 
nounced  on 
Coll.  Edward 
Hill  in  relation 
to  the  Richa- 
Viccrians. 


DEBATE  and  consideration  of  the  charge  and  de- 
fence of  Coll.  Edward  Hill  by  the  general  and  unani- 
mous assent  and  vote  of  both  houses  without  any  con- 
tradiction hath  been  found  guilty  of  those  crimes  and 
weaknesses  there  aileaged  against  him  and  for  the  vin- 
dicating themselves  from  any  imputation  of  his  crimes 
and  deficiencies  have  ordered  that  his  present  suspen- 
sion from  all  offices  military  and  civil  that  he  hath  had 
or  may  have  continue  &  be  made  uncapable  of  resti- 
tution but  by  an  Assembly,  and  that  he  be  at  the  charge 
of  whats  alreadie  expended  in  procuring  a  peace  with 
the  Richahecriaus  and  if  the   Governour  or  Councel 


DEC.  1656— 7th  OF  COMMONWEALTH.  423 

shall  find  any  nearer  way  to  effecting  thereof  that  it 
shall  be  acted  at  the  said  Coll.  Hills  proper  cost  and 
charge.  (BL  MS.) 


WHEREAS  a  petition  was  presented  to  the  hon'ble  Tart  of  the 
Assembly  by  the  Burgesses  of  the  Isle  of  Wight  coun-  JJ^jSkfoJ,*' 
tie  in   behalfe  of  the  inhabitants  of  Terrascoe  neck  added  to  isle 
and  the  Ragged   Islands  subscribed  by  divers  of  the  of  Wight 
said  inhabitants  expressing  their  desires  to  be  taken  out 
of  the  county  of  Vpper  Norfolke  and  adjoyned  to  the 
countie  of  the  Isle  of  Wight  for  their  greater  convenien- 
cy,  It  is  ordered  that  the  Governour  be  desired  to  no- 
minate   a  councellor  who  is  to  appoint  a  precize  time 
and  place  for  the  comiss'rs.  of  each  countye  to  meet 
him,  and  in  case  the   said  com'rs.  cannot  agree  about  Ho  v  to  bp 
fixing  the  bounds  of  each  county,  Then  the  said  coun-  laid  off. 
eel  lor  as  an  vmpire  to  putt  a   period  to  their  differ- 
ences and  the  bounds  by  him  or  them  then  sett  for  the 
several  counties  to  remaine  for  the  future  vnalterable, 
It  being  the  opinion  of  the  house  that  naturall  bounds 
will  be  fittest  for  that  purpose. 

(Rand.  MS.     BL  MS.     Jef.  MS.) 


IT  is  ordered  by  this  Grand  Assembly  that  there  be  Pay  of  gov  &, 
levied  by  the  pub:  annually  the  sume  of  twenty  th.u-  COa'>c,ld»»><»g 
sand   pounds  of  tobacco,   which  is  to  be  allowed  for 
the  accomodation  of  the  Governour  and  Councill  att 
James  Cittie  during  quarter  courts  and  Assemblyes. 
(Rand.  MS.     BL  MS.     Jef  MS.) 


IT  is  ordered  by  the  Assembly  that  twentie-five  thou-   Salary  of  the 
sand    pounds  of  tobacco  per  annum  be  conferred  on   soveriu>I- 
the  Governour  which  from  time  to  time  shall  succeed 
in  the  government  of  this  countrey  towards  his  main-  per(,„isitcs 
tenancein  the  said  place,  which  is  to  be  yearly  levied 
out  of  the   publique,    And  also  that  the  dutys  which   Castle  dutiei 
shipps  were    formerly  vsed  to  pay  to  the  Capt.  of  the  ,mi'1  at  ,he 
Castell  be  from  henceforth  paid  to  the  Governour  of 
this  country,  to  he  by  them  converted  to  their  mainte-  . 

nance  in  the  government  as  aforesaid,  And  thatlycen-  Ucc^ef 
ses  for  marriages  and  all  other  priviledgefl  and  comodi- 
ties  enjoyed  by  the  precedent  Governours,  be  confirm- 


424 


LAWS  OF  VIRGINIA, 


ed  to  the  present  Governour  with  reservation  of  the 
castle  duties  to  Coll.  Clayborneof  what  shipps  are  al- 
readie  entered  or  shall  enter  before  the  expiration  of 
this  present  thirteenth  day  of  December. 

(Rand*  MS.     Bl.  MS.     Jef.  MS.) 


Ministers  and 

<5  servants 
each,  to  be  ex- 
empted from 
public  levies. 


How  examin- 
ed. 


FFOR  encouragement  of  the  ministers  in  thiscoun- 
trev  and  that  they  may  be  the  better  enabled  to  attend 
both  publick  commands  and  their  private  cures.  It  is 
ordered,  T'hat  from  henceforth  each  minister,  in  his 
owne  person  with  six  other  servants  of  his  family 
shall  be  free  from  publiq'ue  levies,  Allwaies  provided 
they  be  examined  by  Mr.  Phillip  Mallory  and  Mr. 
John  Green,  and  they  to  certifye  their  abilities  to  the 
Governour  and  Councill,  who  are  to  proceed  accord- 
ing to  their  judgement, 

(Rand.  MS.     Bl  MS.     Jef.  MS.) 


Parish  of  Br  is- 

i  i  may  hold 
Courts,  with 
the  jurisdic- 
tion of  county 
eo'rts. 
Appeals  to 
Charles  City 
or  Henrico 
county. 


IT  is  ordered  that  the  parish  of  Bristol]  have  power 
to  keep  courts  within  their  said  parish  and  to  htare 
and  determine  all  differences  herein  as  at  county  courts 
which  courts  are  to  be  kept  by  the  comissioners  dwell- 
ing in  the  said  parish,  but  either  ph.  or  defendant  if 
they  crave  it  shall  have  licence  to  appeale  to  Charles 
Cittie  or  Henrico  county  courts. 

( Rand.  MS.     Bl.  MS.     Jef.  MS.) 


Salary  of  the 
speaker  of 
the  house  of 
delegates. 


IT  is  ordered  that  six  thousand  pounds  of  tobacco 
be  allowed  to  Coll.  flraucis  Morrison,  speaker  of  this 
house,  for  his  loss  of  time  and  great  care  and  pains 
taken  about  the  publick  busines.  (BL  MS.) 


salary  of  the 
clerk  of  the 
house  of  de- 
legates. 

Henry  Ran- 
dolph ap- 
pointed clerk. 


IT  is  ordered  that  Major  Charles  Norwood,  hereto- 
fore clerk  to  the  Assembly,  be  allowed  two  thousand 
pounds  of  tobacco  in  full  of  all  his  arrears  of  salary; 
and  the  elk.  place  of  the  Assembly  henceforth  to  be 
conferred  on  Mr.  Henry  Randolph  to  officiate  therein  as 
Major  .Norwood  hath  done  and  to  have  the  same  salary, 

(Bl  MS.) 


DEC.  lti56— 7th  OF  COMMONWEALTH. 

IT  is  ordered  that  for  this  present  year  the  com'rs.  4  bands  of 
of  the  militia  in  every  county  endeavour  to  provide  ^  „c,ropor- 
four  barrels  of  powder  with  shot  proportionable  for  tionably  to  be 
each  reeriment  which  shall  be  allowed  the  next  year  i)ro^dei1  *w 

„    V  i      •  l       t»    ir    tt   i  i        j    each  rejrimt. 

out  of  the  several  county  levies  ;  that  Kob  t.  Hubbard  0f  miiit?a. 
for  the  care  in  attendance  on  the  committee  for  revew  Compensation 
of  the  acts  have  two  thousand  five  hundred  pounds  of  [Je^sirsof 
tobacco  out  of  the  levies  of  James  City  or  York  coun-  the  law* 
t}',  Provided  he  write  out  the  acts  and  orders  at  large 
and  compleat  them  according  to  the  direction  of  the 
committee  and  tret  them  ready  by  the  first  of  March 
next.  (El.  MS. ) 


THAT  Thomas  Woodhouse  for  the  quarter  courts  to  5£*.    1C 
setting  at  his  house  two  courts  and  for  the  committee's  Woodhouse 
accommodation  have  two  thousand  five  hundred  pounds  JjJ*J *[• 
of  tobacco  granted  him  by  the  publick.       (Bl.  MS.)       at  his  house ; 

and  the  ac- 
— —  cominodation 

of  the  com- 

THAT  letters  be  sent  unto  Coll.  Sam'l.  Mathews  £*£  t0  be 
and   Mr.  Beiinet  that   in   respect  the  difference  be-  written  to  Ma^ 
tween  us  and  the  Lord    Baltamore    concerning  our  thews  k  Ben- 
bounds  is  as  far  from  determination  as  at  first,  they  de-  "*bje°c"  of  the 
sist  in  that  particular  until   further  order  from   this  disputed  boim 
country.  (B.  MS.)       Jj*j-* 


THAT  George  the  Armenian  for  his  encourage-       ,MM^ 

t  /»»iti  •  i  ^  jIm-OIH  age* 

ment  in  the  trade  of  silk  and  to  stay  in  the  country  to  ment  formak 

follow  the  same  have  four  thousand  pounds  of  tabacco  inS  silk 
allowed  him  by  the  Assembly.                   (El,  MS.) 


WHEREAS  a  petition  was  presented  to  the  ho-  Unii\ng°Sut- 
nourable  Grand  Assembly  by  Capt.  Thomas    Prit-  meg  Quarter 
chard    in    behalfe    of  the    inhabitants  of  Nuttmegg  to  Denbigh. 
Quarters  intimateing  their  desire  by  reason  of  their 
small  number  not  longer  to  continue  a  parish  of  them- 
selves, but  to  be  united  to  the  parish  of  Denbigh,  It  is 
ordered  that  the  comissioners  the  next  county  court 
make  enquirie  of  the  desires  of  the  inhabitants,  and  it 
♦he  major  part  aeree  vnto  it&then  ihev  to  be  accompt- 

3  r 


4£« 


LAWS  OF  VIRGINIA. 


ed  and  be  members  of  the  parish  of  Denbigh  aforesaid 
otherwise  to  remaine  a  parish  of  themselves  as  at  pre- 
sent. (Hand.  MS.     Jef.  MS.) 


Letters  to  be         THIS  day  Coll.  li'rancis  Morrison  was  desired  by  the 

written  by  house  to  write   two  letters,   one  to  his  hierhness,  the 

Col.  Morrison  .     _.  „  ~  °    ,,...'. 

tothcprotee-  other  to  the  Secretary  of  State,  and  Capt.  Willis  to 

tor  fc  secreta-  draw  up  a  testimonial  for  the  Gov'r.  (BL  MS.) 

i»y  of  slate. 


Col.  Ab'm. 
Wood  appoint- 
ed command- 
ant of  regiment 
in  Charles 
City  and  Hen- 
rico, in  room 
of  Coll.  Hill 
suspended. 


IT  is  ordered,  that  Coll.  Abraham  Wood  be  ap- 
pointed and  made  Coll.  over  the  regiment  of  Charles 
City  and  Henrico  countys  in  the  room  of  Coll.  Hill  by 
this  present  Assembly  suspended,  and  Capt.  William 
Harris  made  Major  of  the  said  regiment  being  his  due 
as  the  first  Capt.  according  to  the  desire  of  the  said 
Coll.  Abraham  Wood.  (Bl.  MS.) 


Col.  Edward 
Diggs  request- 
ed to  act  as 
gov'r.  during 
his  stay  in  the 
country. 
Col.  Samuel 
IVlathewes, 
gov'r.  elect  to 
take  place 
next  him  in 
council. 

Rank  of  Ed. 
Diggs  in  coun- 
cil after  expi- 
ration of  his 
time  as  gover- 
nor. 


Courts  in 
Charles  City 
county  to  be 
held  on  the 
South  side  of 
the  river. 


ORDERED  that  Edward  Digges,  Esquire,  being 
at  present  Governour,  be  requested  to  continue  his 
office,  and  reteine  the  reines  of  government  in  his 
hands  during  his  abode  in  the  countrie,  and  in  the  in- 
terim Coll.  Samuel  Mathewes,  Governour  elect  to  take- 
place  next  him  in  the  councill. 

(Band.  MS.     Bl  MS.) 


ORDERED  that  Edward  Diggs,  Esq.  Gov'r.  after 
the  expiration  of  his  government  do  in  the  Councel 
take  place  next  unto  Coll.  John  West,  Esq. 

(Bl.  MS.) 


VPON  the  petition  of  Coll.  Abraham  Wood  and 
Mr.  Anthony  Wyatt  in  behalfe  of  the  inhabitants  on 
the  south  side  of  Charles  Cittie  county,  shewing  the 
greate  inconveniencies  accrewingto  them  by  reason  of 
the  courts  being  kept  on  the  north  side  of  the  river, 
It  is  ordered  that  the  place  of  keeping  courts  for  the 
said  county  shall  be  on  the  south  side  of  the  river,  at 
such  place  as  the  comissioners  or  the  major  part  of 
them  shall  find  most  convenient  for  the  ease  and  bene- 
firt  of  th**  inhabitants. 

Hand.  MS.     Jef.  MS. ) 


I 


DEC.  1656— ?th  OF  COMMONWEALTH.     §  427 

WHEREAS  a  reveiw  of  the  lawcs  hath  been  made  Reruedlajw 
bv  this  Grand  Assembly,  it  is  ordered  therevnon  that  to,  ^  di?est" 
they    be  all   digested   into  one  volume,  and  that  the  volume 
same  be  presented  to  Leift.    Coll.   Walker,  Coll.   A- 
bra  :  Wood,  and  Capt.  ffraneis  Willis,  who  are  desired 
as  a  comittee  to  compare  the  same  with  the  originall  by   How  and  by 
March  court  next,  and  vpon  their  signing  itpublicati-  whora  copied 
on  to  follow,  And   it   is  further  ordered  that  Mr.  Ro-  JJStlSi. 
bert  Hubert  may  have  license  to  carry  the  originall 
booke  of  records  home  to  his  owne  house  to  copie  them 
out  by.  (Rand.  MS.     Jef.  MS.) 


WHEREAS  by  petition  of  the  inhabitants  of  the  Kappahan- 
lower  part  of  Lancaster  county  shewing  their  vast  dis-  "0°rCmed°from 
tance  from  the  countie   courts  was   presented    to  the  the  upper 
honourable  Assembh  by  Capt.  Moore  fl'antleroy  and  pa,t  of  L™ 
theire  desire  of  haveing  the  county  devided,  It  is  or- 
dered that  according  to  an  order  of  court  devideing 
the  said  countie  at  present  into  parishes,  be  for  the  fu- 
ture the  bounds  of  the  two  counties,  vizt.     The  vpper 
part  of  Mr.  Bennetts    land  knowne  by  the  name  of 
Naemhock  on  the  south  side  of  the  eastermost  branch 
of  Moratticock  Creeke  on  the  north  side  the  river  be 
the  lower  most  bounds  of  the  vpper  county ;  The  low- 
er county  to  retaine  the  name  of  Lancaster,  and  the 
vpper  county  to  be  named  Rappahannock*  county  and 
notwithstanding  this  division  both  counties  to  be  liable 
to  the  Burgesses  charge  of  this  present  assembly. 

(Rand.  MS.    Jef  MS.) 


[Here  follow  in  the  Rand,  and  Bl.  MSS.  a  number 
of  decisions  in  civil  actions,  and  of  petitions  from  indi- 
viduals for  compensation  relating  to  the  late  expediti- 
on against  the  Indians;  but  they  are  not  of  sufficient 
interest  to  merit  insertion.] 


IT  is  orderered  that  Sr.  Win.  Berkeley  be  allowed  Allowance  to 
four  thous'd.  five  hundred  pounds  of  tobacco  for  cask  Beik clever 
with  the  tobaccos  upon  the  sale  of-  his  house,  It  being  hfe  house. 


Thji  it  the  find  'M"°  »Hf  nanM  of  Bappahamioel  occuQ/ 


42S 


LAWS  OF  VIRGINIA. 


according  to  the  agreement  though  omitted  by  the 
clerk  and  that  it  be  placed  upon  James  City  county. 


Agreement  of 
5th  May, 
1652,  with  the 
comm'rs.  of 
parliament  as 
to  appoint- 
ment of  offi- 
cers, continu- 
ed. 


BE  it  enacted,  That  the  articles  of  agreement  made 
the  5th  day  of  1652  with  the  comissioners  of 

the  parliament  be  renewed  vpon  the  and 

here  continued  which  is  as  followed).  It  is  agreed  &c 
thought  best,  government  of  this  country  be 

the  Governour,  comissioners,  &  That  the 

right  of  election  of  all  officers  of  this  country  be  and 
appertein  the  Burgesses,  the  representatives 

of  the  people,  And  it  is  further  for  the  pre- 

sent by  the  Burgesses,  that  in  remonstrance  of  the  con- 
fi  that  they  have  in  the  said  comissioners,  That 

the  present  election  of  all  offic  not  already  con- 

stituted be  referred  to  the  said  Governour  and  comis- 
sioners, and  that  this  their  elections  be  not  presidenti- 
all  to  any  succeeding  Assembly.  (Rand.  MS.) 

EDW'D.  DIGGS. 

FRANCIS  MORYSON,  Speaker. 


[In  the  Bl.  MS.  the  acts  of  this  session  are  followed 
by  the  letters  of  the  Assembly  to  the  Lord  Protector 
and  Coll.  Samuel  Mathews,  together  with  instructions 
for  the  honourable  Edward  Diggs,  which  are  accurate- 
ly published  in  the  second  vol.  of  Burk's  Hist,  of  Vir- 
ginia, pa.  116. J 


AT   A 

HELD    AT   JAMES    CITTIE,    MARCH  13th,    1657-8.*        3dRevisalof 

the  laws. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq.  The  MS.  from 

which  was  once  the  property  of  Sir  John  Randolph,  wh'ch  the  acts 

who  transmitted  it  to  his  son  Peyton  Randolph,  Esq.  were  printed  is 

after  whose  death,  it  was  purchased,  with  hi"  library,  now  in  the  b> 

hy  Thomas  Jefferson,  Esq.  from  whom  it  was  bor-  br^y  °aftCon' 

rowed,  by  Edmund  Randolph,  Esq.]  Washington 


Major  JOHN  SMITH,  Speaker. 


The  Burgesses  elected  and  returned  by  the  sherrifis 
for  the  severall  plantations  to  sitt  and  act  in  this 
present  Grand  Assembly  were  as  followeth : 

For  Henrico  County.         For  Charles  Cittie  County. 

Major  Wm.  Harris.  Mr.  War'm  Horsmenden, 

Capt.  Robert  Wynne. 


Mr.  Btnk.  in    his   History  of  Virginia,  vol.  2,    pa.    118,    sayS 
that  of  the  transactions  from  the  period  of  which  he   was  speaking 
(1656)  to  the  restoration  (166U)  <:  there   is  an  entire  chasm  in  the 
rus.       Tt  is  to  be  regretted  that  the  MSS.  to  which  this  author 
had  access,  did  not  furnish  him  with  the  documents  which  this  pub- 
lication so   abundantly  supplies.     In  no  portion  of  our  history  dur- 
ing   tin'   commonwealth,    have  the   materials   been   so  copious,  as 
1660.     Besides  an  entire  revision  of  our  laws  in  1657- 
K,  comprised  in  one  hundred  and  thirty-one  acts,  and  adapting  them 
to  our  republican  institutions,  various  other  proceedings  of  the  as- 
M\  prove,  that  at  no  former  period  were  the  civil  and  religious 
rights  of  the  people  so  well   secured  (if  wc   except   the   act    :for 
(oppressing  the  Quakers,'    passed  after  the  election  of  Sir  William 
Berkeley,  governor,  in  March,  1659-60,)  or  justice  and  humanity 
oeighboi  didians.  so   sacredly  regarded.     In  the 

very  first  act  <>t  this  session,  for  settling  the   church    government, 
instead  of  enjoining    obedience  to  the   doctrines    and  discipline  of 
thechorcli  ol  England,  as  had  been  invariably  the  case  in  all  former 
upon  this  subject,  no  «uch  injunction   appears     *~*n  'b^  rrvn 


4&J  LAWS  OF  VIRGINIA, 

'For  James  Citty  County,    tapper  Norfolke\  County, 

Mr.  Hen.  Soane,  Leift.  Coll.  Edw'd  Carter, 

Major  Richard  Webster,    Mr.  Thomas  ffrancis, 
Mr.  Thomas  Loveinge,       Mr.  Giles  Webb. 
Mr.  William  Corker, 

Lower  Norfolke  County, 
Surry  County.  ^   J(>hn  g.^ 

Lev't.  Coll.  Thos.  Swann,  Major  LemueH  Masonn. 

Mr.  William  Edwards, 

Major  Win,  Butier,  Elizabeth  Cittie  Countie. 

Capt.  Wra,  Cawfeild,         ,«  .      wu* 
r  Major  William, 

Mr.  John  Powell. 


trary,  all   matters  relating  to  the   church,  the  ministers  and  other 
parochial  affairs,  are  left  at  the  entire  discretion  of  the  people. 

During  this  period  a  severe  conflict  arose  between  the  two  branches 
of  the  eovernment,  as  to  the  constitutional  power  of  the  governor 
and  council  to  dissolve  the  assembly.  A  dissolution  of  the  house  of 
burgesses  was  ordered  by  the  governor  and  council  ;  but  they  pc- 
l'emptorily  refused  to  be  dissolved,  and  passed  a  resolution  de- 
claring that  any  member  who  should  depart  from  his  post,  should 
be  "  censured  as  a  person  betraying  the  trust  reposed  in  him  by  his 
country."  Several  other  resolutions  equally  display  the  republican 
sentiments  of  the  assembly  ;  and  the  firmness  of  its  members.  They 
took  an  oath  of  secrecy  ;  passed  an  order  directed  to  the  high 
sheriff  of  James  City  county,  commanding  him  in  the  name  of  the 
Lord  Protector,  to  obey  no  warrant  or  precept  directed  to  him 
from  any  power,  except  the  speaker  of  the  house  of  burgesses,  and 
finally  declared  "  that  they  had  in  themselves  the  full  power  of  the 
election  and  appointment  of  all  officers  in  this  country,  until  such 
time  as  they  should  have  order  to  the  contrary,  from  the  supreme 
power  in  England  ;"  and  that  they  were  "  not  dissolvable  by  any 
power  yet  extant  in  Virginia,  but  their  own."  The  house  of  bur- 
gesses had  a  complete  triumph.  They  declared  all  former  elections 
of  governor  and  council  null  and  void ;  re-elected  coll.  Samuel 
Mathewes,  by  whom,  with  his  council,  an  attempt  had  been  made  to 
dissolve  them  ;  and  prescribed  the  mode  of  electing  the  governor 
and  council  in  future. 

t  In  Mareh,  1645-6,  (See  ante  pa.  321)  the  name  of  "  Upper  Nor- 
folk" was  changed  to  "  Nansimum  ;"  since  which  time  the  county 
of  Nansimum  and  not  Upper  Norfolk  appears  to  have  been  regular- 
ly represented  in  the  grand  assembly.  In  this  and  several  of  the 
succeeding  assemblies  Upper  Norfolk  has  resumed  its  name  and 
Nansimum  disappear* 


MARCH,  1657-8— Sth  OF  COMMONWEALTH. 


4J1 


New  Kent  County. 

William  Blacky. 

Gloster  County. 


Warwick  County. 

John  Smith  *Sp'ker, 
Thomas  Davis. 

Yorke  County e. 


Leift.  Coll.  Anth.  Elliott, 

Capt.  Thomas  Ramsey. 

Mr.  Jeremy  Hain, 

Rappahannock   Countie.  Mr.  Robert  Borne. 


Mr.  Thomas  Lucar. 

Lancaster  County. 

Coll.  John  Carter, 
Mr.  Peter  Montague. 

Isle  of  Wight  County. 


Northumberland  Countie* 

Mr.  Peter  Knight, 
Mr.  John  Haney. 

Northampton  Countie. 


Mr.  William  Kendall, 
Mr.  William  Mellinge, 
Capt.  William  Michell, 
Mr.  Randall  Revell, 
Mr.  John  Willcox. 


Major  John  Bond, 
Mr.  Thomas  Tabenor, 
Mr.  John  Brewer, 
Mr.  Joseph  Bridger. 

WHEREAS  it  appeares  by  act  of  Assembly  held  Recital  of  the 
at  James  Cittie  in  May,  1652,  That  it  was  agreed  vp-  provisional 
on  and  thought  best  by  the  then  comissioners  for  the  ?overnment- 
parliament,  and   the  Burgesses  of  the  then  assembly, 
That  the  right  of  election  of  all  officers  of  this  collony 
should  be  and  appertaine  to  the  Burgesses,  the  repre- 
sentatitives  of  the  people,  Now  know  yee,  That  wee  the 
present  Burgesses  of  this  Grand  Assembly  have  ac- 
cordingly constituted  and  ordained  the  severall  persons 
vnder  written  to  be  the  Governour,f  Councill  &t  comis- 
sioners of  this  country  of  Virginia  vntil  the  next  As- 
sembly or  vntilll  the  further  pleasure  of  the  supreame 
power  in  England  shall  be  knowne. 


Cart  of  the  manuscript  having  been  torn  ofl'  the  title  of  these 
members  is  obliterated  ;  and  by  the  same  accident  some  words  of 
the  last  act  in  the  preceding  session  are  necessarily  omitted. 

t  This  was  th<.  third  election  of  Governor  and  Council,  under  the 

Commonwealth.     Richard  Bennett  was  elected  on  the  3llth  of  April, 

1662,  (see   ante  pa.    371;)    Edward   Diggs,  on   the  31st  of  March, 

M56,  (see  ante  pp.  4<>8  :)  and  SarnueJ  Matt!"  •  ■     this  13th  of  March, 

1657-8 


433  LAWS  OF  VIRGINIA. 

The  Honourable  SAMUEL  MATTHEWES,  Esq'r, 

Governour  and  Captain  General!  of  Virginia. 

RICHARD  BENNETT,  Esquire. 

Coll.  Wm.  CLAIBORNE,  Secretarie  of  State. 

Coll.  John  West,  Lev't.  Coll.  John 

Coll.  Thomas  Pettus,  Coll.  George 

Coll.  William.  Bernard,  Coll.  Abraham  Wood. 

Coll.  Thomas  Dew,  Coll.  John  Carter, 

Coll.  Obedience  Robins,  Mr.  Warm.  Horsmenden, 

Capt.  Henry  Perrie,  Lt.  Coll.  Anthony  Elliotte. 

Theise  three  last  not  to  be  sworne  vntill  the  de'solu- 
tion  of  the  Assembly. 


The  preamble  to  the  Acts  of  Assembly  made  by  a  Grand 
Assembly  holden  at  James  Cittie,  March  the  13th. 
1657-8. 

JJ5SM5  WHEREAS  the  acts  of  Assembly  of  this  country 

through  multiplicitie  of  alterations  and  repeales  are  be- 
come so  difficult,  that  the  course  of  justice  is  thereby 
obstructed  and  those  that  are  by  the  lawes  intrusted 
with  power  to  execute  them,  may  by  such  their  vncer- 
tainety  be  drawne  to  comit  vnwilled  errors,  This 
Grand  Assembly  takeing  the  same  into  their  serious 
consideration  have  accordinge  to  the  duty  they  owe  to 
God,  and  the  trust  reposed  in  them  by  the  countrey, 
endeavoured  the  remedie  of  the  like  inconveniencies 
by  makeing  a  dilligent  review  of  all  the  acts  formerly 
in  force,  and  have  by  theise  presents  enacted,  That  all 
acts  be  reduced  into  one  body  and  after  enterie  thereof 
vpon  the  records,  severall  coppies  sent  into  the  severall 
counties  respectively,  And  that  those  only  here  men- 
tioned and  expessed  be  esteemed  and  bee  the  lawes 
only  in  force,  for  all  officers  to  proceed  by  in  their  judg- 
ments severally  or  in  the  courts  of  judicature,  willing 
also  and  requireing  all  people  to  take  notice  hereof  and 
accordingly  to  yield  their  due  obedience  therevnto. 


MARCH    i6.i7-8— 9th  OF  COMMONWEALTH,  433 

ACT  I. 

Church  Goverment  Settled. 

BEE  it  enacted  by  this  present  Grand  Assembly  con-  Of  the  wsrr) 
ceminsr  Church  goverment  as  followeth,  that  all  mutters  m,ms,ers' 

0  •  ••     9  .     .  •  i       .     .       chmch-war- 

concerning  the  vestrey,  their  agreements  with  their  dens,  poor  and 
ministers,  touching  the  church- wardens,  the  poore  and  parochial  mat- 
other  things  concerninge  the  parishes  or  parishoners  S™i*t^°" 

r     ,  /•  i  i     •  i     •  .    r,,p  nave  the 

respectively  be  referred  to  their  owne  ordering  and  disposal 

disposeing  from  time  to  time  as  they  shall  think  fitt, 

That  register  bookes  be  kept  by  their  appointments 

of  all  christenings,  burialls  and  marriages  and  the  mi-  R    . 

nisters  only  shall  celebrate  marriages  and  not  without  births,  mar- 

lycense  as  formerly  or  theire  publication  of  banes  vp-  riase*  ami 

pon  three  severall  daves  shall  be  fined  tenne  thousand  ('*a,h.s- 

i        /•       i  ii  f     i  Marriages, 

pounds  ot  tobacco  to  ease  the  leavye  of  that  comity  :   howcelebra 
No  lycense  to  be  granted  without  certificate  vnder  the  t("(l- 
hands  of  the  parents,  masters  or  guardians  of  the  par- 
ties to  be  married 


ACT  II. 

Against  Drvnkennes,  cy-c. 

THAT  all  good   meanes  be  vsed  in  the  severall  Persons  guilty 
tounlie  courts  and  parishes  respectively  for  the  sup-  of  drunken- 

~     .  i-  •  r    i         i  ii         i  ness,  blasphe- 

pressing  ot  the  odious  smnes  ot  drunkenesse,  blasphe-  ,noui  cursing 
rious  swearing  and  curseing,  scandalous  liveing  in  and  swearing, 
adultery  and  fornication,  And  that  all  such  person  &  *d^Zl, am- 

J     n       ,  ,  |.  .  r  fornication,  in- 

persons  of  what  degree  or  quahtie  soever  be  seveerly  capable  of  be- 
punished  and  erennerally  to  be  held  incapable  of  being;  inS  a  w'tncss 

,  •  J        ,  ..  a     cu        '  or  of  holding 

a  wittnes  between  partie  and  partie,  and  ot  bearing  any  blic  6 

publique  office  in  the  goverment  of  this  collony  ;  Hee  office. 
that  shall  be  three  times  convicted  in  open  court  of  ei- 
ther of  the  said  offences  shall  be  accounted  a  common 
drunkard,  swearer,  &c.  the  first  offence  of  drunkeness   „a'jCt""siary  ra" 
to  be  fiftie  pounds  of  tobacco,  the  first  olTence  of  swear- 
ing to  be  twelve  pounds  of  tobacco,  and  for  servants  &  Servants  and 
people  vnder  age  to  be  referred  to  the  magistrates  or  minors  how 
corn'rs.  in  the  county  courts  to  give  them  correction  in  ""mshed 
case  the  parents  or  masters  refuse  to  pay  the  fine,  The 
second  offence  theise  mulkts  and  punishments  to  b»' 
doubled. 

3  G 


434 


LAWS  OF  VIRGINIA, 


No  journey  to 
be  performed 
on  the  Lord's 
day,  nor  goods 
laden, norguns 
fired. 


Penalty. 
Sdvants  and 
others  to  at- 
tend church. 


ACT  III. 

The  Sabbolh  to  bee  kept  holy. 

THAT  the  Lord's  day  be  kept  holy,  and  that  no 
journeys  be  made  except  in  case  of  emergent  necessi- 
tie  on  that  day,  that  no  goods  bee  laden  in  boates  nor 
shooteing  in  gunns  or  the  like  tending  to  the  propha- 
nation  of  that  day,  which  duty  is  to  be  taken  care  of 
by  the  ministers  and  officers  of  the  severall  churches,  &t 
by  the  comissioners  in  their  places,  and  the  partie  de- 
linquent to  pay  one  hundred  pounds  of  tobacco  or  layd 
in  the  stocks,  and  to  take  care  that  servants  and  others 
do  repaire  to  their  severall  churches  everie  Lord's 
day. 


Lnns  of  Eng 
land  against 
bigamy  adopt- 
ed. 


ACT  IV. 

Against  Biggamy. 

THE  lawes  of  England  against  biggamy  or  have- 
ing  more  then  one  wife  or  husband  shall  be  putt  in 
execution  in  this  countrie. 


Process  to  is- 
sue from  under 
the  clerk's  or 
secretary's 
hands,  01  by 
entry  in  the 
co'ty.  court. 

Not  to 
abridge  the 
governor's 
power. 


ACT  V. 

Warrants  and  Writts,  how  to  issue. 

ALL  warrants  and  other  writts  for  suites  in  lawe 
shall  ordinarielie  issue  vnder  the  secretarie  or  clarkes 
hand,  either  for  quarter  courte,  countie  court,  or  else 
by  entery  of  actions  in  the  countie  courte,  and  the  sher- 
riffes  summons  on  the  said  actions  as  formerly  and 
this  to  be  vnderstood  to  be  noe  prohibition  of  the  Go- 
vernours  power. 


Divulgers  of 
false  news 
concerning 
th<  present 
government 


ACT  VI. 

Against  Divulgers  of  False  Newes. 

IF  any  personn  or  persons  shall  forge  or  divulge  any 
false  or  dangerous  news  tending  to  the  disturbance  of 
the  peace  of  this  collony  vnder  the  government  now- 
established  that  vnles  hee  produce  his  author  forthwith 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  435 

shall  by  the  next  com'r.  for  the  peace  be  comitted  to  t0  be  f,ne<i  & 

-  -  -  -       •     •  imprisoned 


pro- 


prison   and  if  he  brings  not  his  said  author  the  next  i{  ,,* 
quarter  court  or  countey  court  hee  shall  be  fined  two  duce  m*  their 
thousand   pounds  of  tobaccoe  or  less  if  the  merritt  of  auIhor- 
the  cause  deserve  it. 

^^^  One  justice 

may  decide 
lrT    V|T  causes  to  the 

A\-j  1     VII.  value  of  a 

i  •  _         hogshead  of 

Comissioners  to  determine  causes  to  350  or  1000  lb.  To-  tobacco  not 

baCCO.  exceeding 

350  lb.  two 

EVERIE  comissioner  of  the  severall  counties  re-  Jus,lc,'s  *° 
spectively  shall  bee  authorized  to  hear  and  determine   iooo  lb.  and 
all  pleas  and  controversies  to  the  value  of  one  hogs-  award  exe- 
head  of  tobacco  net  exceeding  350*  pounds    and  to  cu,10n- 

.  .  r     ,  ,  -  Appeal  aHow- 

proceed  to  execution  ;  two  or  more  comrs.  whereof  edtoco'ty 
one  to  be  of  the  quorum  may  determine  to  the  value  court,  but  the 
of  1000  pounds  of  tobacco,  and  to  proceed  to  executi-  dlSoMs03* 
on.  Provided  that  either  partie  may  appeale  to  the  appealed  from 
countie  court,  these  comissioners  appealed  from,  not  to  not  ,osit  as  a 

i_  j  i      i  •  r  „i_  member  of 

sitt  or  have  votes,  during  the  hearing  of  that  cause.       thecourt 


ACT  V1U. 

Matters  of  Shipps  to  provide  four  monthes  Victual? 
on  their  Voyage  to  Virginia. 

ALL  masters  of  shipps  shall  bee  obliged  hereby  to   Passengers 
provide  fower  monthes  allowance  of  victualls  for  pas-   to  be  provided 
sengers  at  their   setting  forth  from    the   Downes    or  Wlt  ,,' "!ir 

o  /•  i         I  •  months  pro- 

Other  parts  of  England  and  to  give  the  passengers  suf-  visions  for  a 

ficient  allowance  of  diett  all  the  voyage,  And  com  man-  v°y»gp  'mm 

ders  of  shipps  repectively  to  take  care  that  poor  ser-  ti^country 

vants  do  not  want  cloathes  and  bedding  in  the  voyage,  Poor  servants 

in  which  particulars  aforesaid  if  any  shall  offend  they  *°  be  provided 

•      ii    l      i-    u  •  i  j-  /     with  sufficient 

shall  be  liable  to  grievous  censure  here  according  to  doaths  &.  bed- 

the  merrit  of  the  offence.  d|" 

Penalty. 

'  It  would  sepin  from  this  act  that  the  ordinary  weight  of  a  hops 
head  of  tobacco,  at  this  period,  was  880  pouodi 


4ii£ 


LAWS  OF  VIRGINIA, 


Surveyors  ci 
Highways  & 
support  of 
bridges  to  be 
annually  kept 
and  appointed. 
General  ways 
froiti  county  to 
county  and 
church  ways, 
iioiv  laid  out 
and  cleared. 


ACT  IX. 

Concerning  Surveyors  of  High  Waist. 

THAT  surveyors  of  lughwaies  and  maintenance  lor 
bridges  be  yearly  kept  and  appointed  in  each  countie 
court  respectively,  and  that  all  gennerall  waves  from 
county  to  county  and  all  churchwaies  to  be  laied  out 
and  cleered  yeerly  as  each  county  court  shall  think 
fitt,  needfull  and  convenient,  repect  being  had  to  the 
course  vsedin  England  to  that  end. 


Letters  super 
scribed  "  for 
the  public  ser- 
vice" to  be 
immediately 
conveyed  from 
plantation  to 
plantation. 
Penalty  for 
neglect. 
Extraordinary 
charges  to  be 
defrayed  by 
the  counties. 
By  whom  su- 
perscription 
'-a  be  signed. 


ACT  X. 

Dispatch  of  Publique  letters. 

THAT  all  letters  superscribed  for  the  publique  ser- 
vice shall  be  immediately  conveyed  from  plantation  to 
plantation,  to  the  place  and  person  directed,  vnder 
the  pennaltie  of  one  hogshead  of  tobacco,  for  each 
default,  and  if  any  extraordnary  charge  arise  thereby, 
the  com'rs.  of  each  county  are  hereby  authorized  to 
judge  thereof  and  leavie  payment  for  the  same :  These 
superscriptions  are  to  be  signed  by  the  Govemour, 
Councill  or  Secrettarie  or  any  comission  of  the  quorum 
or  any  of  the  comittee  appointed  for  the  militia. 


ACT  XI. 

Adjournment  of  Courts  forbidden. 

Adjourn-  THAT  all  adjournements  of  quarter  courts  and  coun- 
menf'of  courts  ^e  courts  be  by  all  possible  meanes  avoided,  and  like- 
to  be  avoided     wise  that  all  possible  dispatch  for  the  determination  of 

s*sr  ai1  causes  bee  ™de- 


Masters  of 
vessels  trnns~ 
porting  any 
person  out  of 
the  collony 


ACT  XII. 

( 'onerrning  Passes, 

Bee  it  alsoe  enacted  and  confirmed  that  noe  master 
of  any  shipp,  vessel!,  boate  or  barque,  shall  transport 
any  person  or  persons  out  of  this  collony  except  the 
said  person  or  persons  do  produce  a  pass  vnder  the 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  433 

hand  of  the  secrettarie,  or  such  whom  he  shall  depute  withootapas! 
or  appointe,  vnder  the  pennaltie  to  pay  all  such  debts  J^'u     '    ' 
as  anie  such  person  shall  stand  indebted  to  any  person 
within  thiscollonie  at  his  or  theire  departure,  And  it  is      Hoxv  sl,tK 
further  enacted  that  before  any  such  pass  shall  be  sign-  oj^jn^ 
ed  to  any  person   hee  or  they  shall  bring  a  certificate 
from  the  monthly  court  where  hee  or  they  reside,  that 
he  hath  sett  vp  his  name  vppon  a  court  day  tenne  daie? 
at   the    least  before  his  departure  at  the  county  court 
where  he  resides,  or  otherwise,  shall  putt  in  sufficicni 
securitie  for  the  payment  of  all  debts,  that  are  due  or 
oweing  from  them  to  any  person  within  the  country 


shooting'  on 
other  mens1 


ACT  XIII. 

Against  Shooting  on  other  Mens-  Lands. 

WHEREAS   the  rights  and   interests  of  the  inha-   Preamble 
bitants  are  very  much  infringed  by  hunting  and  shoot- 
ing of  divers  men  vpon  their  neighbours'  lands  and  di- 
vidents  contrary  to  the  priviledges  granted  them  by 
their  pattents  whereby  many  injuries  do  daily  happen 
to  the  greate   damage  of  the    owners  of  the  said  laud 
whereon  such  hunting  and  shooting  is  vsed,  It  is  there-  Fenaltj  foi 
fore  enacted  and  confirmed  that  if  any  planter  or  pei 
son  shall  hunt  or  shoot  vpon  or  within  the  lymitts  or  i„,uis. 
precincts  of  his  neighbour  or  others'  dividents  without 
leave  first  obteined  for  his  soe  doeing  and  haveing  bin 
warned  by  the  owner  of  the  land,  to  forbeare  hunting 
and  shooteing  as  aforesaid  :  Hee  or  they  so  offending 
shall  forfeit   for   everie  such   offence   fower  hundred 
pounds  of  tobacco,  the  one  halfe  to  the  owner  of  the 
said  land,  and  the  other  to  publick  vses ;  Notwithstand-      Not  to  cx 
ing  it  shall  be  lawfull  for  any  person  or  persons  to  hunte  not  seated, 
and  shoote  vpon  any  divident  of  land  not  being  plant- 
ed  or  seated  without  any  restraint  or  pennaltie,  Pro- 
vided that   the    limitts  of  everie  divident  be  bounded  nor  hounded, 
with   certain   and   noated  markes,  Provided  also  that  ^r  to  persons 
i   ii      i     /» ii  f  i      •       i         j         w"°  may  pui 

it  shall  be  lawfull  tor  any  person  haveing  shott  a  ueare  suc  deer  or 

or  other  game  without  the  limitts  of  other  mens'  lands,  other  gaim 
to  pursue  the   said  deer  or  game  into  the  divident  of  j1'^  °    ' 
another   mans',   and   freely   to  carry  away  the  same. 
[The  rest  worn  out*] 

*  So  marked  in   the  MS.     But  iee  urt  XI,   1G42-3.  ante  pa.  24* 
wh^re  the  entire  act  may  l>p  found. 


43S 


LAWS  OF  VIRGINIA, 


Preamble. 


Servants 
marrying 

without  con- 
sent of  master 
or  mistress  to 
serve  one  year 
after  their  re- 
spective 
terms. 


Free  man 
marrying-  a 
servant  wo- 
man to  pay 
double  the  va- 
lue of  the  ex 
tra  service. 
Man  servant 
committing 
fornication 
with  a  woman 
servant  to 
serve  her 
owner  one 
year  or  pay 
1500  lb.  to- 
bacco, and 
give  security 
to  indemnity 
the  parish 
against  the 
ej  nouses  of 
the  child. 
Free  man  get- 
ting a  bastard 
on  a  servant 
woman,  how 
punishable. 


ACT  XIV. 

Concerning  secret  Marriages. 

WHEREAS  many  greate  abuses  and  much  detri- 
ment hath  been  found  to  arise  both  against  the  lawe 
of  God  and  likewise  to  the  service  of  many  masters 
of  ffamilies  in  this  collonie,  occasioned  through  se- 
cret marriages  of  servants,  their  masters  and  mistresses 
not  any  waies  made  privie  thereunto,  As  also  by 
comitting  of  ffornication  ;  for  the  prevention  of  the 
like  abuses  hereafter,  Bee  it  enacted,  and  confirmed 
by  this  Grand  Assembly  that  what  servant  soever  hath 
since  January,  1656,  or  hereafter  shall  secretly  marrie 
with  any  maid  or  woman  servant  without  the  consent 
of  her  master  or  mistresse,  (if  she  be  a  widowe)  hee 
or  they  soe  offending  shall  in  the  first  place  serve  out 
his  or  their  times  with  his  or  their  master  or  mistresse, 
and  after  shall  serve  his  or  their  said  master  or  mis- 
tresse, one  complete  yeare  more  for  such  offence  comit- 
ed,  And  the  maid  or  woman  servant  so  marrying  with- 
out consent  as  aforesaid  shall  for  such  her  offence  to 
her  master  or  mistresse  serve  one  year  after  her  free- 
dom by  indenture,  And  a  freeman  so  offending  shall 
give  satisfaction  to  the  master  or  mistresse  by  doubling 
the  valew  of  the  service. 

And  it  is  also  further  enacted  and  confirmed  by  the 
authoritie  of  this  Grand  Assembly  that  if  any  mans'  ser- 
vant shall  hereafter  com  it  the  act  of  ffornication  with 
any  maid  [worne  outf] 

appointed  in  like  cases  give  satisfaction  for  the  loss  of 
her  service  to  her  said  master  or  mistresse  by  his  ser- 
vice of  one  compleat  yeare,  or  pay  fifteen  hundred 
pounds  of  tobacco  and  give  securitie  to  save  harmeless 
the  parish  and  her  said  master  or  mistresse,  and  de- 
fraye  all  charge  of  keeping  the  child,  And  a  freeman 
so  offending  shall  for  his  offence  pay  fifteen  hundred 
pounds  of  tobacco  or  one  year's  service  to  the  master 
or  mistresse  of  the  woman  or  maid  servant  of  whom  hee 


t  So  in   MS.— See  act  XX  of  1642-3,  ante  pa.  252,  of  which  this 
act  is   an   amendment. — From  the  above  act  it  would  seem  that  the 
words  torn    out  were  "  or  woman  servant,  he  shall  for  his  offence 
besides  tne  punishment  by  law" 


MARCH,  1657-8— 9th  OF  COMMONWEALTH,  439 

shall  gett  a  bastard,  As  also  give  securitie  to  save  the  To  give  sccu- 

parish  and  her  said  master  and  mistresse  harmelesse  h  JahithediUd 
defray  all  charge  about    keeping  the  child,    And  the 

woman  servant  so  offendina;to  suffer  according  to  lawe,  Punishment  oi 

a  i       i  j  „!  •».•         /r        •  the  woman. 

Also  be  it  enacted  that  every  person  coimttmg  fform- 

cation  shall  pay  five  hundred  pounds  of  tobacco  to  the  Fornication 

vse  of  the  parish  where  the  said  act  is  comitted  or  be  generally, 

•  .  *  how  punished 

whipt. 


ACT  XV. 

Concerning  Hireing  of  Servants. 

WHEREAS  divers  persons  do  enter  into  covenant  Preamble 
with  runnaway  servants  and  freemen  who  have  for- 
merly hired  themselves  to  others,  to  the  greate  preju- 
dice if  not  vttervndoeing  of  diverse  poore  men  thereby 
also  encourageing  servants  to  runnaway  from  their 
masters  and  absent  themselves  in  some  remote  planta- 
tions, Vpon  consideration  had  for  the  future  preventing 
of  the  like  injuries  and  vnjust  dealings,  Bee  it  enacted  Penalty  for 
and  confirmed  that  what  person  or  persons  soever  shall  hiring  a  nma 

.    •  i  •      i-  i  way  servant  or 

entertaine  any  person  as  hireling,  or  sharer,  or  vppon   ,Hlson  tor. 
anie  other  condition  for  any  time   without  certificate  merly  hired  to 
from  some  comissioner  of  the  place  or  his  master  that  another w"n" 

»../•/•  r  •  i        out  a  certifi- 

ne  or  she  is  tree  from  any  engagement  of  service,  the  cate  tnat  he  is 
person  soe  hireing  without  certificate  as  aforesaid  shall   free  from  any 
for  every  night  that  bee  or  shee  entertaineth  any  servant  enga£enlen1 
either  as  hireling  or  otherwise  forfeit  to  the  master  or 
mistresse  of  the  said  servant  thirtie  pounds  of  tobacco 
and  everie   free  man  (by  hee  or  shee  entertained)  for- 
merly hired  by  another  as  aforesaid,  hee  or  shee  shall 
forfeit  to  the  party  who  had  first  hired  him  thirtie  pounds 
of  tobacco  for  every  night  as  aforesaid,  And  in  all  theise 
cases  the  partie  hired  shall  receive  such  censure  and   party  lured 
punishment  as  shall  bee  thought   fitt    by    the    court,   howpunwhed: 
Allwaies  provided  that  if  any  such  runnaway  servants    P|,,VI"" 
or  hired  ffreemen,  shall  produce  a  certificate  wherein 
it  appeares  that  they  are  free  from  their  former  mas- 
ters service  or  from  any  other  engagement  respectively, 
If  afterwards  it  shall  be  proved  that  such  certificate  be 
counterfeit,  then  the  receiver  not  to  suffer  according  to 
the  penaltie   of  this  act,  but  such  punishment  shall  be 
inflicted  vpon  the  fforger  or  procureors  thereof  as  the 
court  shall  think  fitt. 


440 


LAWS  OF  VIRGINIA, 


ACT  XVI. 

Against  Runnaway  Servants. 


Preamble. 


Pi  oaltj  on 
runaway  ser- 
vants far  the 
irst  offence. 


For  the  iVi  of- 
fence to  be 
branded  on 
the  shoulder 
with  (he  letter 
E  and  serve 
double  the 
'•::ne  lost. 

Penalty  for  en- 
tertaining- 
them. 

Remedy  for 
.servants  com- 
plaining of 
harsh  usage, 
or  insufficient 
food  or  rai- 
ment. 


How  to  pro- 
reed. 

Power  of 
courts. 

No  servant  to 
be  ill  ust  d 


WHEREAS  there  are  divers  loyteringe  runnawaies 
in  this  countrey  who  very  often  absent  themselves  from 
their   masters  service,  and   some  times  in  a  long  time 
cannot  be  found,   whereby  their  said  masters  are  at 
great  charge  in  finding  of  them,  and  manie  times  even 
to  the  losse  of  their  yeares  labour  before  they  be  had 
Bee  it  therefore  enacted  and  confirmed,  that  all  runna- 
wayesthat  shall  absent  themselves  from  their  said  mas- 
ter's service  shall  be  liable  to  make  satisfaction  by  ser- 
vice  at   the   end   of   their   times  by  indenture  vizt. 
double  the  time  of  service  so  neglected  and  in  some 
cases  more  if  the  com'rs.  for  that  place  appointed  shall 
find  requisite  and  convenient,  And  if  such  runnawaies 
shall  be  found  so  to  transgresse  the  second  time  or  oft- 
ner,  if  it   shall  be  duely   proved  against   them,    then 
they  shall  be   branded  in   the  shoulder  with  the  letter 
R.    and  alsoe  double  their  time  of  service  neglected, 
and  likewise  double  his  time  if  at  any  time  afterwards 
hee    shall  neglect,  and   in   some   cases   more  if    the 
court  shall  think  fitt.     And  be  it  also  further  enacted, 
That  he  or  shee  that  shall  lodge  or  harbor  any  runna- 
way shall  pay  thirtie  pounds  of  tobacco  for  everie  night 
as  long  as  they  shall  be  prooved  to  entertaine  them, 
contrary  to  the  former  act  about  hireing  of  servants; 
And  it  shall  belawfull  for  any  servant  giveing  notice  to 
his  master,  haveing  just   cause  of  complaint    against 
their  masters  by  harsh  and  bad  vsage,  or  else  for  want 
of  diett  or  convenient  necessaries,   to   repaire  to  the 
next  com'r.  to  make  his  or  their  complaint  And  if  the 
said  comissioner  shall  find  by  just  proofe  that  the  said 
servants  cause  of  complaint  is  just,  the  said  com'r.  is 
hereby  required  to  give  order  for  the  warneing  of  the 
said  master  or  mistresse  before  the  com'rs.  in  the  se- 
verall  countie  courts,  where  the  matter  in  difference 
shall  be  decided,  as  they  in  their  discretions  shall  think 
Jitt,  and  that  care  be  had  that  no  servant  or  servants 
be   misvsed  by  their   master  or  mistresse  where  they 
-hall  find  the  complaint  to  be  just. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  44i 

ACT  XVH. 

No  JLmunition  to  be  Sent  or  Sold  to  the  Indians. 

BEE  it  also  enacted  and  confirmed,  that  what  pe rson  Person  solim« 

or  persons  soever  shall  barter  or  sell  with  any  Indian  armsoram- 

or  Indians  for  peice,  powder  or  shott,  and  being  there-  n,u"l,jon  tl' 

of  lawfully  convicted,  shall  forfeite  his  whole  estate,  feits  his  whole 

The  one  halfe  to  the  informer,  and  the  other  halfe  to  estate. 

the  countie  where  such  fact  shall  be  comittecl  :  And  be  Lending  such 

it  further  enacted,  That  what  person  or  persons  so-   t0  ,l"liau> ix 

•  i  •      .1  •  ii  i     n    i       i  i     ,•  •■  may  be  seized 

ever  within  this  collonie  shall  lend  any  Indian  either   andapprbpi* 

peice,  powder  or  shott,  it  shall  be  lawfull  for  any  per-   ated  by  ;un 
son  or  persons  meeting  such  Indian  so  furnished,  to   ono 
take  away  either  peice  powder  or  shott,  so  as  the  per- 
son takeing  it  away,  carry  the  same  to  some  com'r.  of 
the  county  and   acquaint  him  therewith,  which  said 
comissioncr  is  herein'  authorized  to  give  possession  to 
the  informer  of  the  said  peice,  powder  or  shott,  so 
brought  before  him  :  And  the  said  comissioner  is  fur-   , 
ther  required  to  make  strict  enquiry  and  examination   missioner 
to  find  out  such  person  as  did  lend  or  give  such  peice, 
powder  or  shott,  to  the  Indians,  and  in  case  the  said 
com'rs.  or  other  com'rs.  shall  find  any  person  by  just 
proofe  delinquent  in  the  premisses  hec  or  they  are  to 
binde  over  the  partie  to  answer  the  same  before  the  Go- 

vernour  and  council!  the  ensueiner  quarter  court,  And   „ 

,  ,  -ii-  °   i      i  •    r  re  Penalty  on 

.in  such  case  the  partie  delinquent,  for  his  first  offence,   person  lend- 

shall  forfeit  two  thousand  pounds  of  tobacco,  The  one  "»g  for  \<t  % 

halfe  thereof  to  the  informer  and  the  other  to  the  pub-  "' '  ofi*n 

lique,  And  further  it  is  enacted  that  such  delinquent 

rfor  his  second  offence   shall  forfeit  his  whole  estate, 

The  one  halfe  to  the  publique  and  the  other  halfe  to 

the  informer. 


ACT  XVIII. 

Jlow  long  Servants  without  Indentures  shall  Serve. 

WHEREAS  divers  controversies  have  risen  be-  Preamble 
tween  masters  and  servants  being  brought  into 
this  collonie  without  indentures  or  covennants  to  testi- 
fie  their  agreements,  whereby  masters  and  servants 
have  been  often  prejudiced,  Be  it  therefore  henby  en- 
acted and  confirm*  d  for  prevention  of  future  controver-  ^T^Mi? 

J  I  ported  \\  itli- 

sies  of  the  like  nature,    That  such  persons  as  snail  be  cut iuden- 

3  II 


442 


Laws  of  Virginia, 


ture,  if  over  imported,  haveing  no  indenture  or  covenant,  either 

16  years  to  men  0(,  womer)j  if  they  be  above  sixteen  years  old  shall 

years;  if  mi-  serve  four  veers,  If  vnder  fifteen  to  serve  till  hee  or 

der  15  to  serve  s|,ee  sj)an  De  one  and  twenty  yeers  of  age,  and  the 

Courts  to  courts  to  be  judges  of  their  ages, 

judge,  


Goods  taken 
in  execution, 
how  apprais- 
ed. 


If  pnrties  neg- 
lect to  appoint 
appraisers  for 
3  Jays  after 
execution  le- 
vi    '.  'he  sbe- 
nfT  to  appoint. 


ACT  XIX. 

•  Appraisement  vpon  Execution. 

BEE  it  enacted  for  the  equall  appraisement  of  goods 
seized  by  execution,  That  the  plaintiff  and  defendant, 
shall  choose  each  of  them  two  indifferent  men  for  that 
purpose,  and  in  case  of  disagreement  the  said  four  or 
any  three  of  them  shall  choose  an  vmpire,  which  vm- 
pire  soe  chosen  shall  be  sworne  by  the  next  comissioner 
to  appraise  such  goods  indifferently  and  his  vmpirage 
to  be  finall.  And  be  it  further  enacted  by  the  authoritie 
of  this  Grand  Assembly,  That  if  either  plaintiffor  de- 
fendant shall  neglect  to  appoint  appraisers  within  three 
dnyes  after  execution  is  served,  notice  being  given 
them  by  the  sherriffe  to  whom  the  execution  was  di- 
rected, that  then  the  sberriff  in  case  of  neglect  as  afore- 
said to  choose  and  appoint  appraisers,  either  for  plain- 
tiff or  defendant  for  the  appraiseinge  of  any  goods 
seized  by  execution  as  aforesaid. 


?s'o  sheriff  or 
in  >       sheriff 
to  <  ii    tnue  in 
oiTn  i   more 
than  one  year 
in  a  county 
To  render  to 

the  gov'r.  ii 
council  at 
March  q'r 
court   annual- 
ly, an  account 
of  public 
commands. 
T    give  good 
security 


ACT  XX. 

How  long  Skerriffs  arc  to  continue 

HEE  it  also  enacted  and  confirmed,  That  no  sherriff 
nor  vnder  sherriffe  for  the  future  do  remaine,  continue 
or  execute  the  office  of  a  sherriffe  or  vnder  sherriffe 
any  longer  then  one  whole  yeere  in  one  countie,  and 
the  said  sherriffe  of  everie  county  respectively  is  at 
everie  March  quarter  court  to  bring  in  and  yeild  vp 
an  accompt  yeerly  to  the  Governour  and  council  of  all 
publique  comands  comitted  to  their  charge,  at  which 
time  they  are  to  be  discharged,  And  alsoe  that  all  she- 
riffs do  give  good  caution  to  the  county  courts  for  the 
performance  of  the  trust  comitted  vnto  them. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  443 

ACT  XXI. 

Noe  Orphants''  Land  to  be  Alienated. 

BEE  it  also  enact*  d  and  confirmed  Cor  future  benefitt  Co'ty.  courts 
of  all  orphans,  That  the  comissioners  of  the  severall   to  Pr°t<jct  or- 

.       *  j      ,    i       •  .i     ■  •  •  i  •  phans  lands 

CO'  ntie  courts,  do  take  into  their  serious  consideration   1Iom  gaje  or 
and  care  that  noe  land  belonging  to  any  orphan  within  location  till  3 
their  counties  respectively  be  alienated,  sold,  estrang-  ?^JH  af,er 
ed  or  taken  vp  as  deserted  land  by  anie  persons  during  Not  to  suffer 
their  minority  vntill  three   yeeres  after   their  full  age,  their  guardi- 
nor  that  they  suffer  nor  any  waies  connive  at  that  the  a0"s ^longer'* 
overseers     nor   guardians    intrusted    for   orphants  as  term  than 
aforesaid  do  farme,  sett  or  lett  to  lease  any  tennements  their  a"ain- 
or  lands  due  to  such  orphans,  for  any  longer  tearme  of  ™™x  ° 
yeeres  then  vntil   the  said  orphants  shall  come  of  age   Covenants 
as  aforesaid,  and  in  such  lease  provide  a»ainst  waste  of  a?a,nst  waste- 

...  j     r        i  •         .i       i  i  •      to  be  inserted 

the  timber,  and    tor  keeping  the  houses  in  such  repair  iakases 
as  he  finds  them. 


ACT  XXII. 

Concerning  Seating  of  Land.* 
WHEREAS    diverse   suites   are   and    have    com- pprsons  sct; 

i     .  j  j-  i-iV  c  i         i  time  mi  la  ids 

menced    in  courtes  depending  on  dirlerrences  ot  land  ot  %x\^n  to 

to   the  greate   trouble  and    molestation  of  the  whole  be  allowed 

collony,  rTnr  prevention  whereof,  Be  it  enacted  and  con-  tor  tlieu  ,m* 

/.  j    mi        t  l  i  provtments; 

firmed,  1  hat  it  any  person  or  persons  whatsoever  have  but  u  they 

sett  downe  on  any  plantation  or  ground  \s  hich  did  pro-  exceed  the 

perly  belong  to  any  other  man,  and  if  it  shall  fall  out  7*^2!  lhe 

.        -  I  •!/•!•         ii         i  •    i      i  la,1,i' ,lu'  iier" 

by  a  just  survey  to  bee  the  right  ot  him,  although  it  hath  son  in  pos- 

biu  formerly  peopled,  cleered  and  builded  vpon  by  an-  session  to 

other,  that  a  valuable  consideration  be  allowed  bv  the  JJ^Sation'' 

judgement  of  twelve  men  vppon  oath  to  the  first  that  hath  independently 

seated  vpon  it,  but  if  the  charge  shall  amount  to  more  of  the  im- 

then  the  owner  is  willing  to  disburse,  that  he*'  that  is  m  p,( 

possession    shall  give  satisfaction  for  the  land  what  it 

may  be  judged  worth,  by  twelve  men  before  the  seat-  Hbwihejury 

ing  thereof,  which  jurie  is  to  be  sworne  by  the  next  au-  to  be  sworn 


*  This  act,  with  the  last    proviso,  is  compounded  of  act  XXXIII 
of  1642-3   (ante  pa.  260)  and  act  XV  of  November,  1647  (ante  pa 
«49) 


i'44 


LAWS  OF  VmjGimA; 


Not  to  ex- 
tend to  or- 
phans' lands 
No  com  pen 


thoritie  qualified  to  the  administration  of  an  oath,  Pro 
vided  that  this  act  shall  not  extend  to  any  orphan's  land, 
nor  that  such  land  be  accounted   diserted   vntill  three 
sation  for  im-   veeres  after  the  asce  of  any  orphans,  Alsoe  it  is  provid- 

provenicnts        "   .  r     j7  .  J         »  , ..   *.        _  .. 

eajurtner  that  where  it  appeares  there  hath  bin  lawful! 
warning,  noe  consideration  is  to  be  allowed  for  build- 
ing and  clearing. 


prov 

:o  persons 
having  notice 
of  a  prior 

right. 


Burgesses  i. 
attendants 
privileged 
from  arrests 
diving  each 
session  k.  10 
days  after- 
wards. 


Prisoners 
■vho  are  to  be 
tried  before 
the  gov   and 
council  to  be 
kept  in  their 
county  prison 
till  the  1st 
■day  of  the 
court  at  Ja's. 
City. 

Sheriffs  then 
to  deliver 
prisoners  to 
sheriff  of  Jas. 
City. 

Sufficient 
prisons  to  be 
built  in  the 
several  coun- 
ties. 


Head  rights 
of  land  for 
servants  im- 
ported, how 
obtained. 


ACT  XXIII. 

Noe  Burgesses  to  bee  Arrested. 

FFOR  the  dispatch  and  reputation  of  the  publique 
buisnes,  Bee  it  enacted  and  confirmed  that  none  of  the 
Burgesses  of  this  nor  an}'  following  Assembly  nor  any 
of  their  attendance  shall  be  arrested  from  the  time  of 
his  election  vntill  tonne  daies  after  dissolution  of  the 
Assembly  wherein  he. serves  as  aBurgesse. 


ACT  XXIV. 

t  'oncerning  Prisons  and  Prisoners. 

BEE  it  enacted  and  confirmed  by  the  authoritie  afore- 
said, That  the  sherriiTes*  of  the  severall  counties  re- 
spectively shall  deteyne  and  keep  all  such  prisoners- 
as  shall  from  time  to  time  happen  to  be  within  the  se- 
verall counties  as  are  to  have  their  tryall  before  the  Go- 
vernour  and  Councill  at  James  Cittievntil  thefirstdaye 
of  the  courte  which  shall  be  appointed  for  their  tryall, 
and  that  the  said  sherriffes  or  their  deputies  then  are 
to  deliver  the  said  prisoners  into  the  custody  of  the 
sherriffe  of  James  Cittie,  And  be  it  further  enacted  and 
confirmed,  That  the  commissioners  of  the  severall  coun- 
ties do  take  care  that  sufficient  prisons  be  built  for  the 
vse  of  the  said  severall  counties  respectively. 


ACT  XXV. 

Concerning  Grants  oj  Land. 

BEE  it  hereby  enacted  that  any  person  or  persons 
clayming  land  as  due  by  importation  of  servants 
they  or  each  of  them  shall  prove  their  title  or  just  right^ 
either  before  the  Governour  and  Councill  or  produce 
certificates  from  the  countie  courts  to  the  secretaries 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  44* 


office  before  any  grant  be  admitted,  and  that  no  pat-   No  patents  t> 
tents  be  made  without  exact  survey  produced  in  the 
secretaries  office  as  aforesaid. 


issue  n  ithout 
exact  surveys 


ACT  XXVI. 

Against  Tradcing  with  Servants. 

WHEREAS  divers  ill  disposed  persons  do  secretly  Preamble, 
and  covertly  trade  and  truck  with  other  mens'  servants 
and  apprentices  which  tendeth  to  the  great  injurie  of 
masters  of  families  their  servants  being  thereby  in- 
duced and  invited  to  purloine  and  imbezill  the  goods  of 
their  said  masters,  Bee  it  therefore  enacted  for  redresse  For  trailing 
of  the  like   disorders  and  abuses  hereafter  that  what  witn  ;i|Iotli«" 

ii  i  ii  j  I  •   i      man's  serv't. 

person  or  persons  snail  buy,  sell,  trade  or  truck  with    l  montjls  jm 
any  servant,  for   any    comoditie    whatsoever  without  prfsonnrt 
lycenee  or  consent  of  the  master  of  any  such  servant 
hee  or  they  so  offending  against  the  premises  shall  suf- 
fer one  monthes    imprisonment  without  bail  or  main- 
prize  and   also  shall  forfeite  and  restore  to  the  master  And  4  times 

/•i  •  i  ^  /•  •  i  i  £•     i_       i  •  the  value  ol 

of  the  said  servant  tower  times  the  value  or   toe  things  the  article  to 
so  bought,  sold,  trucked  or  traded  for.  be  paid. 


ACT  XXVII. 

Councellors  free  from  Levies.  Members  oi 

irr\  ■  lit-  n  j   /i  i  i      mi  council  and 

11   is  enacted  by  t/us  present  ixrand  Assembly,  i  na5  teatithables 

each  of  the  Council  of  State  in  this  collony  shall  be  exempted 
freely  exempted  from  all  publique  charges  and  taxes  for     Church '  •"' 

them  and  ten  tithables,  church  duties  excepted.  duties 


ACT  XXVIII. 

Comissioners  to  lake  Securitie  of  Shcrri/fes.  „  u 

•J  ~J  Co  ty  courts 

BEE  it  also   enacted,  That  the  comissioners  of  the  totakesuffi- 
severall  counties  respectively  shall,  before  the  admission  of^herhrs'for 
of  any   sherriffes  into  their  offices,  take  such  securitie  the  perform- 
as  they  shall    think  fitt   and   sufficient  of  the   severall  ancedf  their 
countie  sherriffes  respectively,  for  the  performance  of  laHyVor'ti" 
lheirplaces,especially  for  the  receiveingand  discharge-  collection  and 
ing  all   publique   duties   and   officers'   flees  comitted  Pay|ncnt  0/ 

i-i  f        ii       •  t  -f    i  -i  •  public  taxis 

to  their  charge  of  collection,  and  if  the    said    comis-  and  officer 

sioners  respectively  shall  omitt  the  same,  then  they  to  fees  or  be  lia 

be  liable  and  responciblp  for  the  same  or  anv  part  of  ^i'^/'Ji,'1' 

the  same.  sheriff 


446 


LAWS  OF  VIRGINIA, 


Preamble. 

Rates  of 
wine  ■  Mala- 
ga, Canary, 
Sherry,  Mus- 
cadine, Tent, 
Alicant  60  lb. 
of  iob.  per 
gallon 

Madeira  and 
Fayal  50  lb. 
French  30  lb. 
Engl,  strong 
waters  120 
lb.  tob.  per 
gallon. 
.Aqua  vita?  or 
brandy  60  lb. 
per  gallon. 

Penalty  for 
mixing  or 
corrupting 
liquors. 

For  exceeding 
the  legal  rates. 

Rates  of  li- 
quors to  be  fix- 
ed yearly  by 
'he  assembly. 


ACT   XXIX. 

Wines  and  Strong  Waters  Retailed,  how  to  be  rated. 

WHEREAS  there  hath  bin  a  great  abuse  by  the 
vnreasonable  rates  exacted  by  ordinarie  keepers  and 
retailers  of  wine  and  strong  waters,  Bee  it  enacted, 
That  no  person  or  persons  whatsoever  retailing 
wines  and  strong  waters  shall  exact  or  take  for  any 
Spanish  wines,  ViZt.  Mallaga,  Canary.  Sherry,  Mus- 
cadine, Tent  or  Aligant  above  the  rate  of  sixtie  pounds 
of  tobacco  per  gallon,  And  for  Madera  and  ffiall  wine 
above  fiftie,  and  for  all  flrench  wines  above  thirtie  lb. 
of  tobacco  per  gallon :  and  for  the  best  sorte  of  all 
English  strong  waters  above  the  rate  of  one  hundred  and 
twenty  pounds  of  tobacco  per  gallon,  and  for  aqua  vitae 
or  brandy  above  the  rate  of  sixty  per  gallon,  and  if 
any  person  or  persons  retailing  wines  or  strong  waters 
as  aforesaid  shall  fraudulently  mix  or  corrupt  the  same, 
Vpon  complaint  and  due  proof  made  thereof  before  two 
comissioners,  whereof  one  to  be  of  the  quorum,  the 
said  comissioners  shall  by  warrant  vnder  their  hands 
cause  the  constable  to  stave  the  same,  And  if  any  shall 
take  more  then  such  rates  sett,  they  shall  be  fined  dou- 
ble the  value  of  such  rates  so  exacted,  and  their  rates 
to  be  considered  on  yearly  by  the  Assembly  according 
to  the  scarceness  of  the  com  modi  tie  or  as  the  price  of 
tobacco  shall  rise  or  fall. 


ACT  XXX. 

Countie  Courts  imp oiverrd  to  grant  Probats  and  Admi- 
nistrations.''' 

Preamble  WHEREAS  the  estates  of  deceased  persons  in  this 

collonie  have  bin  much  wronged  by  the  great  charge 
and  expences  which  have  bin  brought  in  by  the  admi- 
nistrators thereof,  vpon  pretence  of  their  attendance 
at  James  Cittie,  and  the  distance  of  their  habita- 
tions from  thence,  for  remedie  whereof,  and  because 
the  abuses  may  be  the  better  knowne  and  prevented  in 
the  place  where  the  decedent  dwelt    and  the  estates 

*  See  act  IX  of  November,  1645,  (ante  pa.  302)  of  which  this  is 

"i  amendment 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  447 

belonging  to  orphans  and  absent  men  the  better  pre-   Administra- 
served,  Be  it  enacted  that  administrations  may  be  grant-  L^anteTby 
ed  at  the  county  courts,  where  such  person  or  persons  coty.  courts 
did  reside  or  inhabitt ;  and  probate  of  wills  there  made  where  the 
and  wills   recorded  together  with  the  appraisements,   dwelt. 
inventories  and  accompis  belonging  to  the  same  there      Apprais< 
examined  and  allowed,  and  accordingly  as  the  comissi-  pwntM&c- 

<.    ,  .  .  iV?  •         how  allowed 

oners  ol  the  said  county  courts  shall  se  cause  to  give  Certificates 

certificate  to  the  secretary's  office  at  James  Cittie,  for  from  county 

a  quietus  est  to  be  given  to  the  adm'rators  of  course,  "ur^{-°  ql 

Be  it  also  enacted  that  vppon  judgement  against  the  es-  quietus. 

tate  of  any  deceased  persons,  no  execution  issue  against  On  a  judg-m't. 

the  person  or  proper  estate  of  the  executor  or  adminis-  efep"t01aaS 

trator  before   a   devastavit,  that  is   waste,  be  proved  such,  no  ex- 

against  him.  ecution  to  is- 

sue  against 
^^^  his  own  estate 

till  a  devasta- 
vit be  proved 

ACT  XXXI. 

Orders  of  Courts  and  Proclamations  not  to  contradict 

an  Act. 

IT  is  enacted  and  confirmed  that  no  act  of  court  or  No  0,der  of 

,  .  i  i  /♦  •  i      j-  court  or  pro- 

proclamation    doe    herealter   enjoyne   any  obedience  ciamation  to 
contrary  to  an  act  of  Assembly.  contravene  a 

law 


ACT  XXXII. 

Judgement  before  a  Cornissioner.* 

BEE  it  alsoe  enacted  for  the  lessening  expence  and  Jodgmt.  may 

trouble  in  courts   that   if  any  person  or  persons  will  uyacknow- 

acknowledge  vnder  his  or  their  hand  or  hands  a  judg-  ledgm't  in 

noent  for  his  or  their   just  debt  or  debts  and  the  same  ^vntmS>  and 

**  thf*  sumo  be- 

be  recorded  by  the  clarke  of  the  countie  court  before  \ng  recorded 

one  of  the  comissioners  of  the  quorum,    in  a  booke  to  by  the  clerk 

be  kept  for  that  purpose,  then  such  judgment  shall  be  °^h(e  1°""^' 

equally  binding  as  if  given  by  the  court,  and  execution  ;,  magistrate, 

to  issue  accordingly,  and  the  dark's  fee  for  cntringsuch  execution 

judgment  to  be  tenn  pounds  of  tobacco,  and  for  an  au-  cUtftofei 
thentique  copy  fower  pounds  of  tobacco. 

•Taken  from  act XI  of  .November.  1645 — See  ante  pa  304. 


448 


LAWS  OF  VIRGINIA. 


ACT  XXXIII. 

Certificate  of  Judgment. 

.mil- tin  one  BEE  it  alsoe  enacted  that  a  judgment  being  entered 

comity,  how  |u  miy  0f  t|,e  county  courts  and    certified   vnder  the 

fssne"in°"  l°  darks  hand  into  an  other  county,  Judgment}  shall  there 

another  issue,  as  if  judgment  had  bin  given  in  the  said  county. 


"Sheriff  to  t;ikr 
bail  on  arrests. 
Consequence 
of  failure,  or 
■<r>f  permitting 
«an  escane 


When  sheriff 
or  bail  may 
have  attach- 
ment against 
'he  principal. 


How  sheriff  or 
bail  may  dis- 
charge them- 
S  elves. 


■Courts  to  be 

punctually 

held. 

JCxtra  courts. 

Courts  to 
Appoint  their 
•own  clerks. 


ACT  XXXIV. 

Sherriffs  to  take  sufficient  Baile.]. 

BEE  it  hereby  enacted  that  all  sherriffs  shall  take 
sufficient  baile  of  all  persons  arrested  with  this  con- 
dition  to  bring  forth  the  partie  arrested,  or  performe 
the  award  of  the  court,  and  if  the  sherriff  shall  neglect 
to  take  sufficient  baile  of  the  partie  arrested  or  other- 
wise consent  to  be  the  cause  of  his  escape,  Then  the 
said  sherr:  shall  bee  liable  to  pay  the  award  of  the 
court  him  self e,  and  the  sherrifle  if  he  require  it  shall 
have  an  attachment  against  the  estate  of  the  partie  ar- 
rested, and  judgement  the  next  court  following;  but  if 
the  partie  arrested  shall  not  appeare  to  answer  the  suite 
baile  being  given  then  judgment  shall  be  awarded 
against  the  baile,  and  the  baile  so  condemned,  if  it  be 
required,  shall  have  an  attachment  against  the  estate  of 
the  partie  so  arrested  not  appearing,  and  the  court  fol- 
lowing judgment  therevpon,  Alwaies  provided  that  if 
the  said  sherrifTor  baile  at  the  next  court  after  the  first 
impleadingdo  bring  forth  the  body  or  goods  of  the  said 
partie  so  arrested  to  satisfie  the  award  of  the  court, 
then  the  said  sherr:  or  baile  shall  be  acquitted,  And 
the  convrs.  shall  be  precisely  tied  to  keep  the  daies 
appointed  for  their  meeting  by  act  of  Assembly,  and 
for  no  cause  alter  the  same,  but  it  shall  be  lawfull  for 
the  comissioners  to  hold  courts  at  other  times  if  occasi- 
on shall  require,  And  it  shall  be  in  the  power  of  the 
severall  courts  to  nominate  and  approve  the  clarkes  of 

t  The  word  "judgment"  here  is  clearly  a  mistake.     It  should  be 
execution" — See  act  XIII  of  November,  1645  (ante  pa.  304)  from 

which  this  act  is  taken. 


i  Altered  from  act  XIV  of  Nov.  1645 — See  ante  pa.  305. 


MARCH,  1657-8-9th  OF  COMMONWEALTH.  44i. 

Their  fees  as 

the  comity  courts,*  who  are  to  pay  the  secretaire  the  formerly 

vsuall  composition  and  fees  as  formerly,  Provided  none  Existing 

...  ,  x   .  .         ,  .  .  clerks  not  to 

that  is  clarke  at  present  be  putt  out  ot  tins  place,  with-  oe  rem0Ved 

out  manifest  cause  prooved  against  him.  without  good 

/  came. 


ACT  XXXV. 

Prisoners'  Charges  how  to  be  raised. 

BEE  it  enacted  and  confirmed,  That  the  charges  and  ,  CHminal 

/»            /•                          /.           •      •       11                    r       v  r           i    i        i  charges,  when 

fees  ol  prisoners  For  criminal!  causes  lor  hie  and  death  t0  be  paid  by 

shall  be  defrayed  by  the  severall  counties  respectively,  the  prisoner. 

where  the  (fact    he   was    accused  of  was  committed,  wh^"  by  thc 

in  case  the  said  prisoner  shall  be  found  guiltie,  but  if  Expense  of 

not  guiltie  of  any  accusation  not  tending  to  liis  life,  witnesses  to 

he  shall  beare  his  owne  charges,  and  discharge  his  clJ^tv  by 
ffees  but  the  countie  to  pay  the  charge  of  the  eviden- 
ces. 


ACT  XXXVI. 

Accounts  to  be  ballanced  in  Courts. f 

BEE  it  enacted  for  the  avoideing  of  manie  causeless   Difcrorints  L 
suites  in  lawe,  That  where  any  suite  shall  be  coinen-   setoffs,  how 
ced  either  at  quarter  courte  or    county  court,  That  if  a,,owed 
the  defendant  have  either  bill,  bond  or  accompt  of 
the  plaintiff,  wherein  he  prooves  him  debtor,  that  in 
such  case  the  court  shall  ballance  debts,  consideration 
and  allowance  being  had  for  charges  to  him  that  be-  No  assjgnm'J 
gnnue  the  suite,  as  also  to  the  time  when  such  bills,  Srhnoutthe 
bonds  and  accompts  where  due,  to  be  compared  to  the  knowledge oi 
accompts  in  ballance,  Alhuaies  provided  that  no  debts  ^ot,"  Partic*- 

I  )*»ljjc  opt   Oil 

by  bill  or  accompt  whatsoever,  be  passed  or  turned  o-  must  be  of 
ver  without  the  knowledge  of  both  parties,  and  that  the  like  na- 
the  bill  and  acco't.  be  of  the  like  nature  and  value.        ,u,r  &  v:'1'"' 


•  By  act  XIV  of  Nov.    1645  (ante  pa.  305)  the  governor  was  au 
thorised  to  appoint  clerks  of  courts. 

f  See  act  XVI  of  February,  1644-5,  ante  pa.  296—  Act  XI  of 
March,  1645-6,  from  which  this  act  is  taken,  with  an  amendment  nt 
the  end  of  the  act. 

1    1 


450 


laws  of  Virginia, 


Physicians 
and  surge- 
ons, how  com- 
pelled to  de- 
clare, on  oath, 
the  value  of 
their  drugs 
and  medi- 
cines. 


Courts  may 
allow  what 
they  deem 
reasonable. 
Penalty  on 
phisicians  and 
surgeons  for 
neglecting 
their  patients 
or  refusing 
assistance. 


ACT  XXXVII. 

Chyrurgians  Regulated.^ 

FOR  the  regulateing  of  the  imoderate  excessive 
rates  and  prices  exacted  by  practitioners  of  phisick 
and  chirurgery,  Bee  it  enacted  that  it  shall  be  lawfull 
and  free  for  any  person  or  persons  where  they  shall 
conceive  the  account  of  the  phisitian  or  chirurgeon  to 
be  vnreasonable  either  for  his  paines,  druggs  or  mede- 
cines  to  arrest  the  said  phisitian  or  chirurgeon  either 
to  the  quarter  court  or  county  court  where  they  inha- 
bit, where  the  said  phisitian  shall  declare  vpon  oath 
the  true  valew,  worth  and  quantity  of  his  druggs  and 
medecines  administred  to  or  for  the  vse  of  the  plain- 
tifl'e,  Wherevpon  the  court  where  the  matter  is  tried 
shall  adjudge  and  allow  the  said  phisitian  or  chirurge- 
on such  satisfaction  and  reward  as  they  in  their  discre- 
tions shall  think  fitt,  And  it  is  further  ordered  that 
where  it  shall  be  sufficiently  proved  in  any  of  the  said 
courts  that  a  phisitian  or  chirurgeon  hath  neglected  his 
patient,  or  that  he  hath  refused  (being  therevnto  requir- 
ed) his  helpe  and  assistance  to  any  person  or  persons 
in  sicknes  or  extremitie,  that  the  said  phisitian  or  chi- 
rurgeon shall  be  censured  by  the  court  for  such  his 
neglect  or  refusal). 


Public  and 
county  levies 
to  be  first  se- 
cured by  slie- 
rius  before 
any  private 
d  -bt  or  fees. 
Penalty. 


ACT  XXXVIII. 

No e  fees  to  be  received  by  the  Sherriff  before  the  Levie.% 

BEE  it  further  enacted,  That  no  sherriff  or  sherriffs 
whatsoever  do  receive  his  owne  or  other  officers'  fees, 
due  or  sallary  or  any  other  debt  belonging  to  private 
persons  before  payment  be  made  by  the  party  of  the 
publique  and  county  levies,  vpon  the  peunaltie  of  one 
thousand  pounds  of  tobacco  for  everie  sherriffe  or 
sheriffs  that  shall  do  or  receive  any  tobaccoe  contrary 
to  the  tenor  hereof. 


t  This  was  probably  taken  from  the  act  of  October,  1639,  which 
is  recited  and  revised  by  act  XV  of  March.  1654-6 — See  ante  pa 
316. 

J  Act  IX  of  October,  1646,  ante  pa.  330. 


:. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH. 


451 


ACT  XXXIX. 

(Concerning  Land    in  Jive  yeares  possession  without 

claimed 


WHEREAS  sundry  suites,  controversies  and  de- 
bates in  lawe  have  bin  and  dayly  do  arise  about 
elaimes  and  titles  to  land  to  the  great  impoverishing  of 
divtrs personsf  for  remedie  and  redresse  of  the  like  in- 
conveniencies  hereafter  and  for  the  better  establishing 
the  rights  and  possessions  of  the  inhabitants,  Bee  it  en- 
acted that  all  persons  whatsoever  that  have  or  doe  pre- 
tend any  title  to  any  land  shall  prosecute  their  claime 
before  the  said  land  hath  bin  peaceably  enjoyed  ffive 
yeares,  otherwise  it  shall  be  a  good  plea  in  barr  for  the 
possessor  of  such  land  claimed  or  pretended,  to  affirme 
he  hath  had  peaceable  possession  without  claime  by 
comencement  of  suit,  and  prosecution  to  judgment  to 
the  time  limitted  by  this  said  act,  which  shall  be  ac- 
compted  a  sufficient  confirmation  to  the  said  possessor, 
and  shall  conclude  the  claime  and  title  of  the  preten- 
der ;  And  this  act  is  to  extend  to  all  such  that  have 
not  prosecuted  their  titles  within  ffive  yeares  since  the 
sixth  day  of  October,  1646 — Alhoaies  provided  that 
the  limittation  of  ffive  yeares  in  this  act  expressed  shall 
not  barr  orphans  from  their  titles,  nor  women  vnder  co- 
vertt,  or  persons  of  not  sound  rom</,J  But  that  it  shall 
be  lawfull  for  them,  within  ffive  yeares  after  orphans 
come  of  age,  or  those  before  mentioned  to  a  legall  ca- 
pacity to  comence  suite  for  any  land  claimed  by  them, 
in  which  case  it  shall  be  no  barr  for  the  possessor  to 
plead  ffive  yeares  possession  without  claime,  unles  the 
suite  bee  commenced  above  ffive  yeares  after  the  or- 
phant  shall  be  at  age  or  those  before  mentioned  in  a 
legall  capacity  as  aforesaid. 


Preamble. 


Suits  for  land 
to  be  com- 
menced within 
five  years  or 
the  claimant 
forever  barred"; 


Act  to  ope- 
rate from  6th 
of  Oct.  1646. 
Oi  phans,feme$ 
covert  &.  per- 
sons of  un- 
sound mind 
allowed  5  years, 
after  their  (Us- 
abilities remtr 
ved 


•  Altered  from  act  XIII  of  October,  1646,  ante  pa.  331 
t  In  the  act  of  1646  "  his  majesties  subjects." 


|  The  proviso  in  favor  of  femes  covert,  Sic.  added  in  this  act,  which 
was  not  in  the  former 


452 


LAWS  OF  VIRGINIA, 


Penalty  on 
jberiff  for  not 
makinp  re- 
turns of  pre- 
cepts or  for 
emitting  to  do 
any  thing  com- 
manded by  an 
assembly. 


ACT  XL. 

Sherriffs  to  make  relumes. 

BEE  it  enacted,  That  such  sherriff  or  sherriffs  whe 
shall  make  default  of  makeing  sufficient  returne  of  any 
warrant  or  precept  directed  to  him  and  received  hy 
him, or  for  not  doeing  or  performing  any  thing  or  things 
which  shall  be  enjoy ned  or  commanded  by  an  Assem- 
bly, That  such  sherriff  or  sherriffs  for  everie  default  as 
aforesaid  for  the  time  to  come  shall  forfeit  Que  thou- 
sand pounds  of  tobacco.  ■ 


Surveyors* 

fees. 


To  deliver  a 

plat  of  each 
survey. 
Penalty  for 
refusing  to 
survey  for  the 
Jegal  tees. 

Allowance  for 
any  day's  ab- 
sence from 
home. 

flis  transpor- 
tation by  wa- 
ter to  be  pro- 
vided by  the 
person  em- 
ploying him. 


ACT  XLI. 

Surveyors  of  Land  regulated. 

BEE  it  hereby  enacted,  That  surveyors  of  land  shall 
demand  no  more  then  twenty  pounds  of  tob  ceo  for 
measureing  one  hundred  acres  of  land,  if  the  parcell 
exceed  five  hundred  acres,  but  if  vnder  to  be  allowed 
one  hundred  pounds  of  tobacco,  and  for  the  same  shall 
deliver  an  exact  plott  of  each  parcell  surveyed  &  mea- 
sured, And  if  any  surveyor  vpon  reasonable  demand 
shall  refuse  to  measure  the  divident  of  any  person 
whatsoever  for  the  consideration  and  satisfaction  afore- 
said such  surveyor  shall  be  liable  to  the  censure  of  th» 
court  in  that  county  where  he  livelh  :  And  if  any  sur- 
veyor shall  be  desired  to  go  further  from  his  place  of 
residence  then  he  can  returne  in  one  day,  such  sur- 
veyor shall  have  the  allowance  of  thirtie  pounds  of  to- 
bacco per  day  for  everie  day's  absence  from  his  dwell- 
ing, and  if  his  passage  cannot  be  but  by  water,  then 
such  persons  as  shall  employ  him  shall  provide  for  his 
transport  out  and  home. 


ACT  XLII. 

What  Prisons  are  sufficient. 

[This  act  contains  the  substance  and  almost  the  very 
words  of  act  I.  of  November,  1647,  ante  pa.  340,  and 
therefore  need  not  be  repeated.*] 

•    Many  of  the  acts  of  this  revisal,  being  mere  transcripts  of  for- 
mer laws,  it  is  deemed  unnecessary  to  insert  them  again. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  45j3 

Articles  of  Peace  made  with  the  Indians. 

[Between  act  42  and  43  in  the  MS.  is  inserted  the 
treaty  with  Necotowance,  king;  of  the  Indians,  also  the 
act  concerning  forts,  and  that  appointing  an  interpre- 
ter for  the  colony  ;  which  three,  form  acts  1,  II,  III  of 
October,  1646,  ante  pa.  323,  with  no  other  variation 
than  that  in  the  first  article  Necotowance  acknowledges 
to  hold  his  kingdom  of  the  "  Lord  Protector''  instead 
of  the  "  King's  Majesty"  of  England  ;  and  the  "Lord 
Protector's  Governors"  instead  of  the  "King's  Go- 
vernors," are  mentioned.] 


ACT  XLI1I. 

Releifc  for  Poore  Prisoners.* 

WHEREAS  divers  poor  prisoners  have  bin  very  Preamble, 
hardly  vsed  by  a  long  and  tedious  imprisonment  of 
their  bodies  vpon  actions  of  debt,  which  they  are  vn- 
able  to  discharge  in  kind,  though   very  readie  and 
willing  to  give  a  valuable  satisfaction  to  their  creditors, 
who  notwithstanding  maliciously  and  perversely  refuse 
such  satisfaction  to  the  vtter  ruine  of  such  poore  indi- 
gent persons   their  wives  and  children,  Bee  it  therefore 
enacted,  for  the  releiveing  of  such  as  are  vnder  duresse  P°°*  P'ison- 
and  distrainte  or  hereafter  shall  be  imprisoned  for  de bt,  'il^ln^be 
That  where  such  persons  doe  or  shall  tender  a  valuable  relieved  i>y 
satisfaction  to  their  creditors,  by  the  appraisement  of  surrendering- 

,  ii  ii  ,•  property  to 

two  honest  persons,  one  to  be  chosen  b\  the  creditor,  their  creditors 
the  other  by  the  debtor,  such  creditor  shall  be  compell-  to  be  rajued 
ed  to  accept  of  the  same  as  satisfaction  for  their  debt.nnd   ''v  f.  "".""  mu" 

'  .  '  tuallv  chosen 

where  two  appraisers  chosen  cannot  agree  in  such  case  or  their  um- 
the  two  next  adjoining  comissioners  to  determine  the  p'»'e<; 
valew  of  the  goods  vnder  appraisement,  and  satisfac-  ^debtor  'at 
tion  to  be  given  the  creditor,  where  the  estate  of  the  shall  not  he  at 
debtor  remaineth,  Provided*  that  this  law  do  not  ex-  liberty  to  pive 
tend  to  releive  any  person  or  persons  whatsoever  that  '$  his  estate 
by  his  owne  choice  of  what  parte  hee  pleases  of  his  es-  hepiease$;but 


Jaken  from  act  VIII  of  November,  1647,  *nte  pa  346;  but  the 
proviso  bas  lieen  added  to  this  act 


454 

the  sheriff  to 
seize  any  part. 

In  case  of 
disagreem't. 
between  she- 
riff k.  debtor 
2  justices  to 
decide. 


LAWS  OF  VIRGINIA, 

tate  shall  claime  the  benefitt  thereof,  but  that  the  sher- 
riff  shall  be  bound  to  make  seizure  of  any  parte  of  the 
estate  of  such  debtor,  in  choice  whereof  the  sherriffe  is 
to  proceed  indifferently  to  either  partie,  according-  to 
his  oath,  and  in  case  of  difference  between  the  sherriffe 
and  debtor,  two  comissioners  or  more  to  determine 
thereof. 


ACT  XLIV. 

Neglect  of  Comissioners  Jineable. 

[This  is  the  same  as  act  XVII  of  Nov.  1647,  (ante 
pa.  350)  with  the  transposition  of  a  few  words  only.] 


ACT  XLV. 

Against  Hoggstealing. 

[This  act  is  in  the  very  words  of  act  XIX  of  Nov. 
1647  (ante  pa.  350.)  except  that  the  last  clause  in  that 
act,  repealing  a  former  one,  is  omitted  in  this.] 


Tunable  per- 
sons, who. 
Ail  imported 
male  servants 
of  whatever 
age. 

All  negroes 
imported  and 
Fndian  ser- 
vants, male  or 
female,  16 
years  old. 
Native  chris- 
tians and  free 
persons  im- 
ported under 
16,  excepted. 
Lists  to  be 
presented  to 
clerk  of  co'ty. 
court,  and 
there  record- 
ed. 
U'hcn. 


ACT  XLVI. 

What  Persons  are  Tithabh. 

BEE  it  enacted  for  the  prevention  of  the  greate 
abuse  vsed  by  presenting  of  imperfect  lists,  that  all 
male  servants  hereafter  imported  into  this  collony  of 
what  age  soever  they  be,  shall  bee  brought  into  the  lists 
and  shall  be  liable  to  pay  countrey  levies  ;  and  all  ne- 
groes imported  whether  male  or  female,  and  Indian  ser- 
vants male  or  female  however  procured,  being  sixteen 
years  of  age,  to  be  listed  and  pay  leavies  as  aforesaid  j 
such  christians  onelie  to  be  excepted  as  are  natives  of 
this  countrey,  or  such  as  are  imported  free  either  by 
parents  or  otherwise,  who  are  exempted  from  levies  be- 
ing vnder  the  age  of  sixteen  years,    And  it  is  further 
enacted,  That  everie  master  of  a  ffamily  shall  present 
a  true  list  of  his  ffamily  by  the  names  of  all  the  titha- 
bles  therein  to  the  clarke  of  the  county  court  to  bee  re- 
corded, who  is  to  doe  it  (ex  officio)  wherein  hee  liveth, 
between  the  first  day  of  June  and  the  last  thereof,  vp- 


MARCH  '557-8— 9th  OF  COMMONWEALTH.  455 

on  the  penalty  of  paying  treble  duties  for  everie  person  Treble  tax  for 
left  out ;  or  if  they  shall  neglect  to   present  their  lists  tiu!aWeDg  a 
as  aforesaid,  then  to  pay  treble  for  the  whole  ffamily  ;  For  not  re 
and  if  the  clarke   shall  neglect  to  record  them,  to  be  turuiug  a  list 
fined  at  the  discretion  of  the  comissioners;  and  if  any  \™e  ^^j*  £". 
dispute  arise  about  the  age  of  any  tithable,  the  court  mily. 
to  be  judge  ;  and  this  act  being  of  such  gennerall  con-  Penalty  on 
cernenient  to  be  sett  vp  at  the  courte  door  for  everie  a^L,  how  as- 
one  tO  take  notice  of.  certained. 

This  act  to  b« 

■—■— —  set  uf>. 


ACT  XLVII. 

Judgement  of  a  Debt  bpfore  one  or  more  Comissioners, 

attested  by  them. 

IT  is  enacted  that  the  confession   and  acknowledg-  Where  a  debt 

ment  of  a  debt  by  the  debtor  vnder  his  handljefore  any  exceeds  not 

comissiouer,  shall  be  accompted  in  lawe  in  the  nature  400  ib.  tob. 

and  quality  of  a  judgment,  soe  as  the  writing  be  attest-  judgm't.  may 
ed  by  the  said  comissioner  vnder  his  hand,  and  execu- 
tion shall  therevpon  issue,  in  case  the  debt  be  not  paid 

according  to  the  tenor  of  the  writeing,  being  attested  writing  at- 

as  aforesaid,  Provided  that  the  debt  exceed  not  the  va-  {es*?dby  hiw 

/Y»  ••  /V  11  1  'n    "'le   mar)- 

lue  of  mve  pounds  sterling  or  flower  hundred  pounds  ncr  judgmt 

of  tobacco;  and  in  case  the  acknowledgement  of  the  to  any  amo't 

debt  be  made  as  aforesaid  before  two  comissioners  and  Jjjjg^dbefori 

attested  by  them  as  aforesaid,  then  the  judgment  shall  2 commission 

be  binding  and  the  execution  therevppon  shall  be  legall,  c,s- 

,     .  ill  c      1    \        1  •  To  be  re 

being  once  payable  md  due,  of  what  valew  soever,  ei-  corded  fhe 
ther  in  money  or  tobaccoe  the  debt  shall  be;   Provided  next  county 
the  same  bee  recorded  the  next  county  courte.  court 


be  confessed 
before  a  com- 
missioner in 


ACT  XLVIIF. 

'Indians  not  to  be  assigned  over. 

IT  is  enacted  that  in  case  any  Indian  do  dispose  of  iUdiaa  chil 
his  childe  to  any  person   or  persons  whatsoever,  ei-  dren  confide.' 
ther  for  education  or  instruction  in  Christian  religion,  ^/^'"jj/ 
or  for  learning  the  English  tongue  or  for  what  cause  p0se  what- 
soever, those  persons   to  whom  such  childe  shall  be  ever,  not  to  be 
disposed   shall    not   assigne  or  transfer-re  such  Indian  transfcrred 
child  to  any  other  whatsoever,  vpon  any  pretence  what- 


45fj 


LAWS  OF  VIRGINIA, 


Such  Indian     soever  of  right  to  him  or  any  time  of  service  due  from 
be'free  at  25     n'm'  *^nd  **  ts  furt^er  enacted  that  such  Indian  childc 

shall   be  free  and   at  his  owne  disposall  at  the  age  of 

twenty  five  yeares. 


Dimensions 
of  tobacco 
hogshead?. 


Penalty  for 
exceeding  the| 
lesral  size. 


For  making 
casks  of  tim 
ber  iiot  sea- 
soned. 


ACT  XLIX. 

The  size  of  Tobacco  Caske. 

IT  is  enacted.  Vpon  the  complaint  of  divers  masters 
and  merchants  of  shipps  against  the  incertainty  and 
extraordinary  size  of  caske,  which  hath  bin  very 
much  prejudiciall  to  them,  that  a  certainesizeof  all  to- 
bacco caske  of  Virginia  hhds.  shall  be  as  followeth, 
vizt.  ffourtie  three  inches  in  length  and  the  head  twentie 
h  sixe  inches  wide  with  the  bulge  proportionable  ;  and 
whosoever  shall  make  caske  of  a  greater  size  shall  pay 
vpon  proofe  made  to  any  court,  if  hee  be  a  freeman, 
(otherwise  his  master  or  mistresse  that  imploies  him) 
three  thousand  pounds  of  tobasco,  the  one  halfe  to  the 
informer,  and  the  other  halfe  to  the  countey  where  the 
caske  is  made,  and  if  any  caske  shall  be  made  of  tim- 
ber not  well  seasoned  then  such  caske  to  be  burnte. 


Co'ty  courts 
to  fix  rewards 
for  killing 
wolves,  at 
their  own 
discretion. 


ACT  L. 

Countie  Courts  to  levie  Rewards  for  killing  of  Wolves. 

WHEREAS  great  complaint  is  made  of  the  fre- 
quent and  many  injuries  done  by  wolves  to  the  cattell 
and  hoggs  of  several!  inhabitants,  It  is  therefore 
thought  fitt  and  enacted  by  this  Grand  Assembly  for  the 
better  encouragement  of  those  that  kill  and  destroy 
wolves,  that  the  com'rs.  of  the  severall  counties  shall 
hereby  have  power  to  advance  and  augment  the  reward 
appointed  for  killing  of  wolves,  to  such  quantitie  of  to- 
baccoe  as  to  their  discretions  shall  be  found  fitt  and 
reasonable. 


ACT  LI. 

Indians  to  be  first  served  with  Land. 

No  grams  to         BEE  it   enacted  by  this  present   Grand  Assembly 
issue  till  a        tj)at  tiiere  be  uo  grants  0f  ianf]  to  any  Englishman 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  457 

whatsoever  (de  future)  vntil  the  Indians  he  first  served  certain  pro 

with  the  proportion  of  ffiftie  acres  of  land  for  each  bow  -  [ZTZ  aflot. 

man  ;  and  the  proportion  for  ear  1 1  periicular  towne  to  ted  toeach 

lie  together,  and  to  be  surveyed  as  well  woodland  as  bowman-oi 

clecred  ground,   and  to  be  layd  out  before  patterned,  prfJnegTo 

with  libertie  of  all  waste  and  vnfenced  land  for  hunt-  allwasfc 

ing  for  the  Indians,  And  be  it  further  enacted  that  where  lru1'1;- '"' 

the  land  of  any  Indian  or  Indians  bee  found  to  be  in-  |'n'>' 

eluded  in  an}'  pattent  allreadie  granted  for  land  at  Rap-  lands  incfodi  <t 

pahannock  or  the  parts  adjacent,  such  pattentee  shall  !"  i,f';'  ",s.  \" 

•  i  i  i  •  i  i        i       /•     i       i      i-  ,.  ,r  reliuquisli- 

either  purchase  the  said  land  oi  the  Indians  or  re! in-  edorpaidftw 
quish  the  same,  and  be  therefore  allowed  satisfaction  by 
the  English  inhabitants  of  the  said  places,  the  sa 
tisfaction  to  be  proportioned  equally  between  th< 


ACT  LII. 

No  Arrest  on  Sabboth  dayes. 

WHEREAS  it  hath  been  the  frequent  practice  of  NewrH  ... 
aherriffs  and  officers  for  their  ovvne  ease  and  benefitt  ^ecuteVai  a 
to  repaire  to  the  churches  on  Sabboth  dayes  and  other  muster,  or  on 
publique    meetings  on    purpose  to    serve  executions,  a  Sabbath 
warrants  and  other  writts,  by  which  meanes  many  times 
those  duties  are  neglected  by  such  who  are  in  danger 
of  arrests,  It  is  therefore  ordered,  and  bee  it  enacted  bu 
this  present  Gra>id  Assembly,  that  no  officer  or  officers 
shall  from  henceforth  execute  any  writt  or  warrants 
vpon  any  person  or  persons  in  time  of  exercize  or  v.m~ 
'er  for  that  day,  nor  on  the  Sabboth  day. 


day. 


ACT  LIII. 

Indians  to  Kill  Wolves. 

WHEREAS  of  late  yeares  the  wolves  have  mul-   Indians  to  b< 
titdied  and  increased  exceedingly  to  the  create  losse  <">i>|°ye<1  b>' 

it  r  rni  •     y*  /    i  comm  rs.  ol 

and  decrease  of  cattell  and  hoggs  lias  u rami  Assem-  c<,'ty.  court* 

'>ly  doth  therefore  enact  and  declare,  And  b<>  it  hereby  ^  kill 

enacted  and  declared   that  the   comissioners  of  each   vv"  ves 

countie  courte  respectively  shall    take   order    for    the 

destroying  them  in  what  way   they  shall  best  agree,  r?TT{ied 

by  imploying    Indians    or  otherwise,    Provided  they    armed  with 

arme  not  the  Indians  with  English  urines  and   gunns    ••».'    ; 

contrary  to  act  of  Assembly. 

3  K 


45fe 


LAWS  OF  VIRGINIA, 


Sufficient 
fences  to  be 
made,  four 
feet  and  a 
half  high  ; 
otherwise  the 
owner  of  the 
land  to  have 
no  redress  for 
trespasses  ;  k, 
liable  to  the 
owner  of  the 
beasts  for 
hurting  or  in- 
juring them. 
And,  for  kill- 
ing them  to 
pay  the  value 
and  double 
damages. 


If  the  fence 
be  sufficient, 
the  owner  of 
the  land  to 
have  satisfac- 
tion. 


How  fences 
to  be  viewed. 


ACT  LIV. 

What  ffences  shall  be  sufficient* 

BEE  it  also  enacted  and  confirmed  by  this  present 
Grand,  Assembly.  That  everie  planter  shall  make  a 
sufficient  ffence  about  his  cleered  ground  at  the  least 
fower  foot  and  a  halfe  high,  which  if  he  shall  be  defi- 
cient in  what  trespass  or  damage  soever  he  shall  re- 
ceive or  sustaine  by  lioggs,  goates  or  catell,  shall  be  his 
owne  loss  and  detriment,  And  also  if  it  shall  happen 
that  any  person  shall  hunt,  anie  of  the  said  horses, 
mares,  hoggs,  goates  or  catiell  that  shall  so  offend  and 
doe  them  harm  he  shall  make  satisfaction  for  any  of 
them,  that  shall  be  so  hurt  to  the  owners  of  them,  to 
be  recovered  within  any  court  of  justice  within  the 
collonie;  And  it  is  further  enacted,  That  where  any 
horses,  mares,  cattell  or  hoggs  shall  endamage  any  per- 
son for  want  of  such  ffence  as  aforesaid,  and  the  par- 
tie  damnified  do  wilfully  kill  or  otherwise  hurt  so  as  the 
cattail,  hoggs,  horses  or  mares  do  die  of  such  hurte, 
whether  by  doggs  sett  vppon  them  or  otherwise,  in  such 
case  the  owner  of  the  ground  shall  not  onelie  be  liable 
to  satisfie  the  value  of  such  horses,  mares,  hoggs  or 
cattell,  but  by  vertue  of  this  act  be  adjudged  to  satis- 
fie double  the  value  of  such  horses,  mares,  hoggs  or 
cattell  soe  killed  to  the  owner  of  them,  And  further  be 
it  enacted  that  where  the  ffence  shall  be  adjudged  suffi- 
cient, vizt.  ffoure  foot  and  a  halfe,  high  and  close  downe 
to  the  bottom,  that  in  case  any  damage  or  tresspass 
be  then  done  or  committed  to  any  person  haveing  such 
ffences,  by  either  horses,  mares,  hoggs,  goates  or  any 
other  cattell  whatsoever,  the  owners  of  such  horses, 
mares,  he.  shall  be  liable  to  make  satisfaction  for  their 
trespass  and  damage  to  the  person  injured  in  case  the 
ffence  he  found  by  two  honest  men  appointed  by  the 
next  com'rs.  to  be  sufficient. 


*  Compounded  of  act  V  of  March,  1642-3  (ante  pa.  244,)  and  act 
XV  of  October,  1646,  ante  page  332,  with  amendments. 


MARCH    1657-8— 9tli  OF  COMMONWEALTH.  459 

ACT  LV. 
No  blank  Warrants* 

[Tliis  aetis  taken  from  act  XXVII of  March  1642-3; 
ante  pa.  257.] 


ACT  LVI. 

Noe  Collonie  Servants.* 

BEE  it  hereby  enacted  and  confirmed  that  noe  per-  Servitude  for 
son  or  persons  whatsoever,  for  anie  offence  alreadie  ^f^688   ' 
comitted  shall  be  adjudged  to  serve  the  collonie  here- 
after. 


ACT  LVII. 

None  to  bee  compelled  to  resurvey  Land. 

[This  act  is  a  literal  transcript  from  act  XXXYIJ.I 
of  March,  1642-3,  ante  pa.  262.] 


ACT  LV1II. 

Holy  dates  in  commemoration  our  deliverance  from  Mas- 
sacres. 

BEE  it  enacted  and  confirmed  by  the  authorise  of  Holy  days. 
this  present  Grand  Assembly ,  That  the  two  and  twenti- 
eth day  of  Marchf  and  the  eighteenth  day  of  Aprill} 
be  yearly  kept  holie  in  comemoration  of  our  deliver- 
ance from  the  Indians  at  the  bloody  massacres  the  22d 
day  of  March,  1621  and  the  eighteenth  of  Aprill,  1644, 
And   that  the    ministers  of  everie    parish  give  notice 

*  This  act  seems  to  have  been  copied  from  act  XXIX  of  1642-3 
(ante  pa  259,)  except  that  the  words,  "  or  to  be  committed,"  in- 
serted in  that  act,  are  omitted  in  this. 

t  This  holy  day  appears  to  have  been  first  instituted  at  the  March 
session  1623-4  (see  ante  page  123,  act  4,)  and  the  observant!  of  it 
has  been  repeatedly  enjoined  since — See  ante  page  177,  2u2,  26  i. 

t  This  holy  day  was  first  instituted  at  the  February  session  1644-0 
See  act  IV,  ante  page  290 


J  GO 


LAWS  OF  VIRGINIA 


Old  Virgini- 
ans, privilege* 

of. 


there'of  to  the  parishoners  the  Sabboth  day  next  be 
fore. 


ACT  LIX. 

Old  Virginians  freed  from  Taxes.* 

IT  is  enacted  and  confirmed  by  the  authoritie  aforesaid, 
That  all  sach  persons  as  were  here  or  came  in  at  the 
last  coraeiog  in  of  Sir  Tho:  Yates, -j-  shall  be  exempted 
from  their  personal!  service  to  the  warrs  and  all  pub- 
Ji'que  charges,  ministers  duties  excepted,  not  exempt- 
ing their  {Families  (excepting- such  as  shall  be  implored 
iu  cheife.) 


ACT  LX. 

Concerning  tnkeing  awaie  of  boates. 

[This  net  agrees  verbatim  with  act  XLIII  of  March, 
1642-3,  except  that  the  word  "leave"  is  used  in  this 
act  in  the  place  of  "  license"  in  that,  and  the  word  "if" 
instead  of  "and'"  after  the  word  "authorized."  which 
occurs  but  once  in  the  act.] 


Prisoners  es- 
caping for 
want  of  syffi- 
cienl  pi  isons, 
the  courts  to 
be  liable  to  the 
sheriffs. 

Expense  of 
keeping  the 
Protector's 
prisoners, 
how  certified 
Xnd  paid. 


ACT  LXI. 

Pennalty  for  not  Building  Prisons. 

BEE  it  alsoe  enacted  and  confirmed  by  this  Gram. 
Assembly,  That  if  any  person  shall  happen  to  escape 
from  the  hands  or  custody  of  any  sherrifle  of  the 
several]  counties  respectively  for  want  of  a  sufficient 
prison  in  each  countie,  all  such  sherriffes  shall  find  his 
remedie  against  the  several! counties  which  shall  be  de- 
linquent in  the  building  of  prison ns,  Jlnd  it  is  alsoe  en~ 
acted  and  confirmed  that  the  said  sherrifles  shall  bring 
an  accompt  at  eyerie  Grand  Assembly  of  such  charges 
and  disbursements  as  are  occasioned  in  their  severall 


*  Taken  from  act  X  of  March,  1633-4,  ante  page  124 — Act  XL) 
of  February,  1881-3,  ante  page  172— Act  XXXV  II  of  September, 
Ifvi2.  ante  page  197 — and  act  XLII  of  March,  1642-3.  with  «ome 
variations. 

'  ;( tinted,"  in  all.  the  former  acts 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  461 

counties  by  keeping  the  Protector's  prisoners,  and  the 
said  disbursments  to  be  satisfied  out  of  the  publique 
charge. 


ACT  LXII. 

Quarter  Courts  settled.* 

BEE  it  hereby  enacted  and  confirmed  for  the  preven-  Q*r  courts 
lion  of  much  trouble  to  the  Governour  and  Council],  u""sof- 
and  charges  to  the  inhabitants  of  this  collonie  by  over 
long  attendance  on  their  suites  at  James  Cittie,  that  the 
quarter  courts  shall  beginne  as  followeth,  vizt. 

March  courte  to  beginne  the  20th  day  of  March,  if  Marcbterin 
it  be  not  Sonday,  if  it  be,  then  on  the  next  day  and  to 
continue  eighteen  daies  and  Sundayes  not   to  be  ac- 
compted  any  of  them. 

June  courte  to  beginne  vppon  the  flirst  day  in  June  Ju»c  teim 
in  case  it  bee   not  Sunday,  if  it  be,  then  on  the  next 
day  after  and  to  continue  tenn  dayes  and  Sundaies  not 
to  be  accompted  any  of  them. 

The  like  for  October   court  as  for  June  court,  The  Oct.  term, 
fourth  court  to  beginne  the  twentieth  da\  of  iVovem-  ?°y\te™; 
ber  if  it  be  not  Sundaie  ;  if  it  bee,  then  on  the  next  day  practice. 
following  to  contain    the    number  of  daies  as  March  Writs  to  ex- 
court  doth;  the  causes  of  suites  to  be  expressed  hi  the  pre?s  causeoC 

it  i  i  ii  •  •        i  action. 

writts  which  may  he  enlarged  by  petition  between  eve-  Defendant  to 

ry  arrests  and  returnes  of  the   writtes  ;  the  defendant  have  ln  ll;1)s 

to  have  ten  daies  time  to  provide  himself?;  No  arrests  ™°  ^except 

to  be  made  in  court,  except  for  the  following  court ;  the  foi  the  follow- 

writt  to  £oe  in  the  same  tenor  as  formerly,  The  defen-  mS  court. 

dant  vpon  the  return  of  the  writt  either  by  himst ■  i'e  or  y/\Us 

attorney  to  enter  his  appearance  in  a  booke  to  be  kept  Appearance. 

for  that  purpose,  And  also  to  put  in  his  answer  vnder  A»swer- 

his  hand  the  third  day  of  the  returnes  of  the  writts,  The  „ 

•  •■•  i  \      l      n\     i  i  .i  Petition 

petition  and  answer  to  be  tiled  and  remarne  m  the  ^e-  when  U)hr 
cretaries  office,  The  plaintiff  to  put  in  his  petition  vp-  filed, 
on  the  day  of  appearance  and  in  case  of  such  neglect  to  Non-sun 
be  nonsuited  and  the  defendants  costs  awarded  against 
him. 


"  «<>«*  act  l.v  of  March,  1642-3,  ante  pag 


462 


LAWS  OF  VIRGINIA. 


ACT  LXIII. 

Countie  Courts  Settled.* 

Terms  of  BEE  it  also  hereby  enacted  that  everie  county  court 

co'ty  courts,      respectively  shall    keep   their  courts    respectively  as 

formerly,   six  times   in  the   yeare,  and  to  beginne  on 

the  severall  daies  of  the  moneth  as  hath  bin   formerly 

vsed  and  is  hereafter  expressed,  vizt. 


Henrico  1st  Daie. 
Charles  Cittie  the  3d. 
James  Cittie  the  6th. 
Use  of  Wight  the  9th. 
Nanzemund  the  12th. 
Gloster  the  16th. 


Lower  Norfolke  the  15th* 
Eliza.  Cittie  the  18th. 
Warwick  the  21st. 
irorke  the  24th. 
Northampton  28th. 
New  Kent  28th. 


Courts  to  be 
hold  once  in 
every  two 
inonths  or  of- 
ten er  upon 
emergency. 
To  be  called 
co'ty.  courts, 
and  comm'rs. 
to  be  called] 
comm's.  of 
••o'ty.  courts, 
lurisdiction. 

Sums  under 
20s.  sterling 
■"oguizable 
before  a  sin- 
gle magis- 
trate, who 
may  commit 
to  prison  for 
non-perform- 
ance. 


Which  courts  are  to  be  held  onre  everie  two  months 
oroftener  if  emergent  occasion  shall  require,  and  shall 
be  called  by  the  name  of  countie  courtsf  and  the  co- 
missioners  to  be  stiled  bv  the  name  of  the  comissioiers 
of  the  countie  counts;  And  for  prevention  of  manie 
chargeable  suites  tending  to  the  molestation  and  trou- 
ble of  divers  poor  men,  for  pettie  and  triviall  debts,  It 
is  thought  jilt  and  enacted  by  this  Grand  Assembly,  That 
no  courts  of  justice  within  this  colionie  shall  proceed 
to  determine  or  adjudge  or  at  all  take  cognisance  of 
anie  suite  hereafter  to  be  commenced  for  or  concerning 
any  debt  vnder  the  value  of  20s.  sterling  or  two  hun- 
dred pounds  of  tobacco,  but  in  such  cases  the  next  ad- 
joining com'r.  to  summon  the  debtor  or  defendant  by 
his  warrant  before  him,  vpon  complaint  vnto  him  made, 
and  to  determine  the  same  by  order  in  writeing  vnder 
his  hand,  which  order  shall  be  bindeing,  and  in  case  of 
non-performance,  the  said  comissioner  is  authorized 
to  commit  to  prison  the  person  that  is  refractory  to 
such  order  as  aforesaid. 


*  See  act  LVT  of  March,  1642-3,  ante  page  272. 

t  Before    the  act  of  March,  1642-3,  ai  <    273,  theic  court* 

were  called  "Monthly  Court*."  and   the   magistrates,  "  Commissi- 
oners of  monthly  courts  " 


MARCH,  1657-8— 9th   OF  COMMONWEALTH.  463 

ACT  LX1V. 

Juries  to  beecmpannelledto  attend  the  Countie  Courtcs.\ 

BEE  it  also  enacted  and  confirmed,  that  a  jurie  shall  Grand  juries 

i  ii    j    •       ..l  ii  ii         i*1  he  einpa- 

be  empannelled  in  the  severall  counties  to  attend  the  nellcd  at  ere- 
said  courts,  to  receive  all   presentments  and  iuforma-  ry  court. 
tions  and  to  enquire  of  the  breach  of  all  penall  lawes 
and  other  crimes  and  misdemeanours  not  touching  life 
or  member,  and  to  present  the  same  to  the  courte. 


ACT  LXV. 

Noe  Mares  nor  Sheepe  to  bee  Transported. 


Penalty  for 
exporting 


IT  is  enacted  that  no  mares  nor  sheepe  be  transport 
ed  out  of  the  collonie  vpou  such  pennaltie  as  shall  be   mares  and 
thought  fitt  by  the  Governour  and  Council!.  sheep 


ACT  LXVI. 

Free  Trade  to  bee  allowed. 

[This  act  is  a  mere  repetition  of  act  XIV  of  Februav 
ry,  1644-5,  ante  pa.  296.] 


ACT  LXV1I. 

The  Secretaries  Fees. 

BEE  it  further  enacted  and  confirmed,  by  the  au-  Secretary  <» 
thoritie  of  this  present  Grand  Assembly  that  the  se-  cowt.bie'feei 
cretary's  (Tees  shall  be  as  flblloweth,  vizt. 


Imprimis  For  a  pattent  and  recording  it 

flbr  a  comission  of  administration 


Tobacco. 
80 


and  recording  it  60 

/Tor  a  probat  and  recording  it  60 

For  a  comission  to  trade  50 

ffor  a  deposition  15 


\  Act  XII  of  November,  lf>45,  (ante   page  304,)  only  requited  a 
grand  jurv  ai  Murcli  and  MicUummer  court! . 


4<?#  LAWS  OF  VIRGINIA, 

ffor  a  bond  and  recording  it  40 

ffor  a  coppie  of  a  patent  30 

ffor  recording  a  letter  of  attorney  30 

ffor  recording  a  will  30 

ffor  a  common  warrant  015 

ffor  an  order  015 

ffor  a  coppie  of  an  order  015 

ffor  recording  a  bill  or  receipt  010 

ffor  an  execution  030 

ffor  a  pass  030 

ffor  a  subpoena  015 

ffor  a  petition,  if  writt  015 

ffor  entring  a  petition  006 

ffor  a  certificate  for  land  015 

for  coppie  of  an  act  of  assembly  015 
ffor  recording  a  bill  of  sale  or  such 

like  030 

for  swearing  a  jurie  015 
ffor  a  comission  for  the  Militia  or 

courte  050 


Countie  Courtes  Clarkes  Fees. 

.-oVy^ouns,         ALSOE  bee  it  further  enacted,  for  the  better  ena~ 
*heirfecs.         bling  and  maintenance  of  the  clerkes  of  the  severall 

courts  in  their  places  that  their  fees  shall  be  as  follow- 

eth,  vizt. 

Imprimis  for  an  action  006 

ffor  entring  of  an  order  .  00S 

ffor  coppie  of  an  order  008 

ffor  an  execution  015 

ffor  an  attachment  015 

ffor  a  deposition  010 

for  copie  of  a  dep'on.  0 1 0 

ffor  administrations  and  probats  both  at  060 
ffor  a  subpoena  010 

ffor  a  petition,  if  they  write  it  010 

ffor  entrie  of  a  petition  003 

for  certificate  for  lauds  020 

for  any  other  certificate  01  0 

for  recording  any  busines,  orphans  ex- 
cepted 020 
for  recording  inventories  and  convey- 
ances                                                      030 
^or  a  scire  facias  in  anie  courte               01G 


MARCH.  1657-8— 9th  OF  COMMONWEALTH.  465 

And  if  anie  thing  elce  be  done  by  them  then  what  is  Courts  to  ai- 


here  expressed,  The  courts   to  adjudge  the  flee,  And   J.)vl 


low  for  extra 
services. 

it  is  further  enacted,  That  the  sherrifTs  or  collectors  in  Sheriffs  to  col- 
case  collectors  be  emploied  are  hereby  required  and  au-  Jf*  their  fees. 
thorized  to  gatherin, collect  and  receive  the  clarkes  flees,  ,l(!^e'  ° 
and  in  case  of  non  payment  to  diamine,  the  clerkeal-  Commission? 
loweing  to  the  sherrifle  for  his  salarie  ten  pounds  per 
cent. 


The  Shcrriffes  ffees. 

BEE  it  alsoe  enacted,  That  the  sherriffes  fees  shall  be  Sheriffs,  th-eiV 
as  followeth :  fePR 

Imprimis  for  an  arrest  10 

ffor  bond  5 

flbr  goeing  to  prison  10 

ffor  whipping  20 

ffor  pillory  20 

ffor  serving  a  subpoena  10 

ffor   serving   an' execution,  if  vnder 
one  hundred  pounds  of  tobacco  10 

If  above  a  hundred  to  V.  C.*  20 

If  above  V.  C.  to  1000  40 

If  vnto  2000  60 

If  above  2u00,  tenn  pounds  per  thousand. 

flor  sumoniner  andempannellinga  jury  for  eve-  Extraserra; 
rie  cause  twelve  pounds,  and  for  everie  person  sa mooed 
five  pounds,  Attachments  as  for  arrests,  and  if  further 
trouble  to  be  allowed  by  the  courte. 


cea 


ACT  LXVIII. 

Concerning  Persons  remooveing  into  the  Baie. 

WHEREAS  divers  of  the  inhabitants  of  this  col-  Prearabta 
loney  have  deserted  their  plantations  and  receded  into 
the  bay  of  Chisapeake  and  removed  themselves  vnto 
other  places  remote  from  their  former  habitations  they 
being  much  engaged  to  the  inhabitants  from  whence 
they  receded  to  the  great  damage  and  trouble  of  the 
creditors,  And  whereas  divers  people  vppon  their  re- 
moveall  do  transporte  and  drive  away  cattelltothc  great 
prejudice  and  damage  to  their  neighbours  and  the  loss 

»  p."  V"  five  and  ilC"  centum,  or  a  hundred 

3  L 


46o 


LAWS  OF  VIRGINIA. 


No  person  to 
remove  to 
Chesapeake 
bay  or  a  re- 
mote planta- 
tion without 
giving  previ- 
ous notice  at 
the  county 
court. 

Certificate  to 
be  obtained. 

Persons 
transporting 
them  without 
certificate;  li- 
able for  their 
debts. 

Penalty  for 
removing  cat- 
tle without 
notice. 


of  the  remain  ants  cattell,  It  is  therefore  thought  Jitt,  for 
redresse  of  such  abuses  as  shall  or  may  happen,  and  en- 
acted by  this  present  Grand  Assembly,  That  noe  per- 
son or  persons  shall  goe  to  seate  in  Chissapeake  bay  or 
any  other  remote  plantation  or  plantations  without  no- 
tice given  of  his  or  their  departure  to  such  place  or 
places,  at  the  countie  courte,  where  the  said  persons 
reside,  and  a  certificate  attested  vnder  the  hand  of  the 
clerke  of  the  said  countie  courte ;  and  if  anie  merchants, 
mariners  or  any  other  persons  whatsoever  shall  trans- 
port any  other  person  or  persons  without  certificate  as 
is  before  expressed,  The  person  or  persons  soe  offend- 
ing shall  satisfie  all  the  debts  and  engagements  of  the 
person  or  persons  so  transported,  And  be  it  further  en- 
acted by  the  authority  aforesaid,  That  after  the  publi- 
cation of  this  act  any  person  or  persons  either  before  or 
after  law  full  certificate  of  his  or  their  departure  shall 
remove  or  transports  any  cattell  into  the  bay  or  any 
other  remote  plantation  whatsoever  without  notice  given 
to  fower  of  the  inhabitants  next  adjoyning,  who  are 
hereby  required  to  take  speciall  notice  both  of  the  eare 
markeand  colour  of  the  cattell  to  be  removed  and  trans- 
ported, then  the  person  or  persons  offending  shall  for- 
feit vpon  lawful!  conviction  for  every  beast  soe  remov- 
ed or  transported  one  thousand  pounds  of  tobacco,  one 
halfe  to  the  publique,  and  the  other  halfe  to  him  that 
shall  complaine  against  the  party  soe  offendinge. 


Upon  a  now 
est  inventus 
returned,  an 
attachment 
may  issue  &i 
then  a  ji'flg-- 
ment  at  the 
next  succeed- 
ing court. 


ACT    LXIX. 

In  what  case  a  Sherriffe  may  reiurne  a  non  est  inventus. 

IJN  case  the  sherriffe  vpon  a  writt  or  action  entered 
against  anie  man  returne  non  est  inventus  and  procla- 
mation be  made  at  the  court,  vpon  the  plaintiffs  desire 
he  shall  have  an  attachment  against  the  defendants  es- 
tate, returnable  at  the  next  courte  followinge,  and  then 
the  succeeding  courte  a  judgement  in  case  of  non-ap- 
pearance to  answer  the  said  suite. 


Jurisdiction 
of  county 


ACT  LXX. 

Countie  Courts  to  heare  Maritime  Causes. 

THE  countie  courts  shall   heare  maritime  causes, 
fc,  the  sherriffes  shall  have  power  to  arrest  on  board 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  467 

shipps  by  warrant  from  the  Governour  or  any  one  of  courts,  in  ma- 

the  council),  or  vnder  the  hand  of  any  two  comission-  iJjJJsts J^JJJJJ 

ers,  whereof  one  to  be  of  the  quorum,  vntill  it  be  Other-  to  be  a'ubor 

wise  settled.  iaedfc  made. 


ACT  LXXI. 

Oath  for  Skerriffes  and  Constables. 

THE  oath  alreadie  drawne  vp  for  sher riffs  and  con-  Oath 
stables   to   be  vsed  in   the  several!  county  courts  re-  riu's  -  • 
spectively  with  alteration  of  what  relates  toking-shipps  "itdleei t!' 
and  to  be             in   the  name   of  the  present  govern-  ing  govern- 
ment,                                                .  *">t, 


ACT  LXXI1. 

Confirmation  of  Indians'1  Lund. 

WHEREAS  many  complaints  have  bin  brought  to   Preamble 
this  Assembly  touchinge  wrong  done  to  the  Indians, 
in  takeing  away  their  land  and  forceing  them  into  such 
narrow   streights   and   places  that  they  cannot  subsist 
cither  by  planting  or  hunting,  and  for  that  it  may  be 
feared  they   may  be  justly  driven  to  despaire  &  to  at- 
tempt some  desperate    course    for  themselves,  which 
inconveniencies    though  they  have  bin  endeavored  to 
be  remedied  by  former  acts  of  Assembly  made  to  the 
same    purpose,  Yet    notwithstanding  manie   English 
doe  still    intrench  vpon  the  said  Indians'  land,  which 
this   Assembly    conceiveing  to  be  contrary  to  justice, 
and   the   true  intent  of  the  English  plantation  in  this 
country,  whereby  the  indians  might  by  all  just  and  faire 
waies  be  reduced  to  civillity  and   the    true   worship  of  Indians  to 
God,  have  therefore  thought  fitt.  to  ordeine  and  enact,  hold  the  laa.i 
and   bee  it  hereby  ordained  and  enacted,  That  all  the  j)l"^t.'s'"W,„,i 
Indians  of  this  collonie  shall  and  may  hold  and  keep  no  person  to 
those  seates  of  land  which  they  now  have,  and  that  no  s,;Ull>  <>n  tha' 
person  or    persons  whatsoever  be  suffered  to  intrench  ^"^ithout 
or  plant  vpon  such  places  as  the  said  Indians  claime  or  leave  from 
desire  vntill  full  leave  from  the  Governour  and  Coun-  th('  zov-  anri 

•  ii  i         r        i         i  -»r         i  •  l  councilor 

c.\\\  or  com  rs.  for  the  place;    let  this  act  not  to  be  ex-  ,.,„„,„,,  sion. 
tended  to  prejudice  those  English  which  are  now  seat-  ers  of  the 
ed  with  the  Indians'  formor  consent  vnles  vppon  fur-  i,lace' 


10* 


LAWS  OF  VIRGINIA, 


Proviso. 
Responsibility 
of  commissi- 
oners. 

Indians  to  be 
assisted  in 
removing  to 

vacant  hauls. 

Not  to  sell 
their  lands 
except  at  q:r. 
courts. 
Settlers  near 
the  Pamunkies 
&.  Chickaho- 
minies  recall- 
ed. 

Permission  to 
Indians  to 
hunt. 

Exception. 
Patents  con- 
trary to  this 
act,  void  ; 
and  none  to 
be  valid 
which  in- 
cro aches  on 
Ind's'  lands. 


tlier  examination  before  the  Grand  Assemblie  cause 
shall  he  found  for  so  doeing,  And  the  said  com'rs.  shall 
be  accomptable  before  the  Governourand  Councill  and 
the  Grand  Assembly  if  any  wrong  or  injurie  be  done 
to  the  Indians  contrary  to  the  intent  of  this  act,  And 
be  it  further  enacted,  That  the  Indians  as  either  now 
or  hereafter  shall  want  seates  to  live  on,  or  shall  desire 
to  remove  to  any  places  void  or  vntaken  vpp  they  shall 
be  assisted  therein,  and  order  granted  them,  for  con- 
firmation thereof,  And  no  Indians  to  sell  their  lands 
but  at  quarter  courtes,  And  that  those  Eii^lish  which 
are  lately  gone  to  seate  neare  the  Pamunkies' and  the 
Chichnminyes  on  the  north  side  of  Pamunkie  river 
shall  be  recalled  and  such  English  to  choose  other 
seates  else  where,  and  that  the  Indians  as  by  a  former 
act  was  granted  them,  shall  have  free  liberty  of  hunt- 
ing in  the  woods  without  the  English  fenced  planta- 
tions, these  places  excepted  between  Yorke  river  and 
James  river  and  between  the  Black  water  and  the  Ma- 
nakin  towne  and  James  river,  and  noe  pattent  shall  be 
adjudged  valid  which  hath  lately  passed  or  shall  pass 
contrary  to  the  sense  of  this  act,  Nor  none  to  be  of 
force  which  shall  intrench  vppon  the  Indians'  lands  t© 
their  discontent  without  expresse  order  for  the  same. 


Lapsed  laud 
not  to  be  en- 
tered without 
an  order  from 
the  gov.  and 
council. 


First  patentee 
may  take  up 
the  like  quan- 
tity elsewhere. 


Not  to  preju- 
dice vested 
rights. 


ACT  LXXI1I. 

Deserted  Lands  to  be  taken  vpp  by  Order  of  Court. 

BEE  it  enacted  by  this  present  Grand  Assembly  thai 
noe  pattent  of  land  shall  hereafter  pass  vppon  the 
pretence  that  the  land  is  deserted  for  want  of  planting 
within  the  time  of  three  yecres  vnles  an  order  be  first 
graunted  by  the  Governour  and  Councill  for  that  se- 
cond pattent,  whereby  the  land  is  adjudged  soe  to  bee 
deserted  :  But  this  act  shall  not  extend  to  forfeit  the 
rights  of  the  first  pattent  adjudged  deserted,  but  thai 
the  owner  of  those  rights  may  take  vp  the  like  quan- 
tity in  any  other  place  or  places  though  not  the 
same,  neither  shall  the  first  petitioner  for  any  land  de- 
serted be  denied  to  have  the  first  grant,  and  this  act 
shall  not  be  construed  to  extend  to  any  land  formerly 
deserted  and  allreadie  granted  and  seated  by  ano- 
ther. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  46lJ 

ACT  LXXIV.  ■*£  of  *™ 

shillings  a 

Concerning  the  Dutch  Trade.  hhd.forto-- 

°  bacco  raised 

BEE  it  enacted  by  this  present  Grand  Assembly  that  ^?^eof  ■ 
all  tobacco  raised  by  sale  of  goods  brought  into  this  fa. shipped 
coontrey  by  Dutchmen   the  owners   thereof  shall  be  in  Dutch  ves 
liable  to  pay  the  custom  of  tenne  shillings  per  hogshead  ^J,^' 
for  what  is  shipt  in  any  Dutch  vessell  or  in  any  other  part  of  Ame 
vessell  whatsoever  bound  for  any  part  of  America  or  rica 
else  where,  excepting  such  English  vessells  as  are  di-  ^English  * 
rectly  bound  for  England,  and  any  person  or  persons  vessels  bound 
whatsoever  are  to  make  oath,  if  it  be  required,  what   pir^tly,t0 
goods  are  brought  in  and  what  quantity  of  tobacco  they  oatiAo  be 
shall  shipp  from  tirce  to  time  in  any  vessel  whatsoever,  taken. 
And  the  comissioners  of  the  severall  countie  courts  re-  Dutyot  co,n; 

,  ,  .  i        .    ,  missioners  ol 

speetively   are  to  take  good  care  to  prevent  deceit  here-  county, 
in,  And  that  those  Dutch  repaire  to  the  governour,  or  How  the  en- 
whom  he  shall  appointe  to  give  a  just  accompt  thereof  ^^  b,; 
vpon  the  pennaltie  of  double  the  quantitie  soe  shipped  Penalty  foi 
if  any  deceit  be  found  of  what  shall  be  justly  due  to  fraud- 
this  act,  And  this  act  is  further  explained  that  for  the  tend  to^aii 
custom  of  tenne  shillings  per  hogshead  be  as  well  vn-  foreigners,  *. 
derstood  of  all  forreigners  as  of  the  Duch  nation,  and  the  dutief 

r  ,  ,       e^     °  '  conferred  on 

•'onierred  on  the  uovernour. 


governor. 


ACT  LXXV. 

Comissoners  to  Ordaine  Parishes. 

BEE  it  enacted  by  this  Grand  Assembly,  That  it  shall  Co'ty  court- 
be  lawfull  for  the  comissioners  of  the  severall  counties  ™"?^  oft 
not  yet  laid  out  into  parishes,  with  the  consent  of  the 
inhabitants  thereof  to  devide  their  counties  into  par- 
ishes as  by  the  major  part  of  the  said   counties  shall 
be  agreed. 


parishes. 


ACT  LXXV1. 

Encouragement  for  Staple  Comodilies. 

FOR  the  better  encouragement  of  the  inhabitants  for  ).',e 

•  i     •  <>  i  i-  •  •  l-  ,       .  for 

the   makeing   of    staple   comodities   in   this   colonic,  ll(,|)s ,,,  otl 

Bee   it   enacted  by  this  present  Grand  Assembly  that  staple  com 

what  person  or  persons  soever  shall  at  any  time  here-  JJjJJjJJj^ 


miumi 

for  silk,  11  ax 

hops  or  othei 


«"«'  LAWS  OF  VIRGINIA, 

after  make  in  this  collonie  so  much  silke,  flax,  hopps 
or  any  other  staple  comoditie  (except  tobacco)  as  h 
worth  two  hundred  pounds  sterling,  or  English  wheate 
to  the  value  of  five  hundred  pounds  sterling  in  one 
yeare  and  exporte  the  same  or  cause  the  same  to  be  ex- 
ported, or  shall  first  make  two  tunne  of  wine  raized  out 
of  a  vineyard  made  in  this  collonie  shall  have  given 
him  by  this  countrey  for  an  encouragement  ten  thou- 
sand pounds  of  Virginia  tobacco. 

aates  of  arti-  Wheate  valued  at  five  shilling  per  bushell. 

Silke  at  twenty  shillings  per  pound, 
fflax  at  six  pence  per  pound. 
Hopps  at  twenty  shillings  per  hundred. 

vaiaedbv  What  other  staple  comodities  shall  be  .raised  to  br 

,,sen1!,]?  valued  by  the  Assembly. 


ACT  LXXVII. 

Against  False  SiiUiarih 

[This  act  is  taken  verbatim  from  act  II  of  Novem- 
ber, 1654,  ante  pa.  391.] 


ACT  LXXVIII. 

Against  Imploying  Indians  with  Gunns. 

[This  is  a  mere  transcript  of  act  III  of  November. 
1654,  ante  pa.  391.] 


ACT  LXX1X. 

Xorthampton  Commissioners  to  take  acknowledgment 
of  Indians'  Lands. 

[This  is  a  literal  transcript  of  act  IV  of  Nov.  1654 
ante  pa.  391.] 


ACT  LXXX. 

How  Masters  of  Shipps  to  cdrrie  themselves  here. 

[This  is  a  transcript  of  act  V  of  November,  1654, 
ante  pa.  392,  with  the  omission  of  the  words  "  at  their 
pcrill."  at  the  end  of  the  act.] 


MARCH,  1657-9— 9th  OF  COMMONWEALTH.  471 

ACT  LXXX1. 

Concerning  the  Election  of  Shcrriffes. 

[This  is  a  literal  transcript  of  act  VI  of  November. 
1654,  ante  pa.  395.] 


ACT  LXXXH. 

For    avoiding    Charge    and    Trouble  to  Creditors  ii\ 
Seeking  their  debts. 

[This  act  is  taken  verbatim  from  act  I,  of  March, 
1654-5,  (ante  pa.  409,)  except  that  in  thp  5th  line,  the 
word  "  several1'  is  used  in  this  act  before  the  word 
"  person,"  where  "any"  is  used  in  that  act.] 


ACT   LXXXIII. 

For  preservation  of  the  Peace  with  the  Indians  by  En'- 
tertaining  Indians  without  Leave. 

[This  act  consists   of  the  2d  section  only  of  act  II 
ef  March,  1654-5,  ante  pa.  410.] 


ACT  LXXXIV. 

Concerning  Ordinaries  and  Ferries. 


•a 


[This  is  an  exact  copy  of  act  V  of  March,  1654-5, 
(ante  pa.  411,)  except  that  in  this  act  the  words  "their" 
is  introduced  before  the  word  "  ordinaries,"  which  is 
not  in  the  other.] 


ACT   LXXXV. 

Irish  Servants  without  Indentures. 

[This  act  is  substantially  the  same  as  act  VI  of 
March,  1654-5,  ante  pa.. 411,)  except  that  at  the  end 
of  the  act  these  words  are  added,  "and  all  aliens  to  be 
included  irt  this  act." 


472 


LAWS  OF  VIRGINIA* 

Articles  at  the  Surrender  of  the  Countrie. 

[These  were  published  ante  pa.  363  &  365;  that  ar- 
rangement being  most  agreeable  to  chronological  or- 
der.] 


ACT  LXXXVI. 

■  In  Act  of  Indempnitie  mad&utt  the  Surrender  of  tht 

Countrey. 

[This  act  is  published,  ante  pa.  367.] 


ACT  LXXXVII. 

Thefforme  of  PattentsJ* 

Patents  to  be  That  all  patents  be  drawne  vpp  in  a  fitt  forme  re- 
rrcTcmdio-the  ,atein£  t0  lhe  Present  government,  And  that  till  a  seale 
vemment; and  may  be  procured  the  Governour  and  Secretarie  for  the 
signed  by  the  time  being  signeing  the  said  pattents,  they  shall  be  ac- 
compted  vallid  and  authentique  in  all  courtes  of  jus- 
tice as  any  patents  formerly  granted  vnder  the  collo- 
ney  seale,  And  the  like  for  alf things  that  hath  vsually 
passed  vnder  the  seale. 


gov.  and  sec'y 
till  a  seal  be 
provided. 


ACT  LXXXVIII. 

Against  Fraudulent  Dccds.j- 

No  estate  in  BEE  it  enacted  and  confirmed,  That  no  personn  or 

ornchattekto     Person*  whatsoever  shall  pass  over  by  conveyance  or 

otherwise  any  parte  of  his  estate,  whether  lands  or  goods 


f  This  act  was  probably  one  of  the  articles  of  the  provisional  go- 
vernment, adopted  in  April,  1652,  (ante  pa.  371,  372.)  It  appears 
from  an  examination  of  the  books  in  the  Register's  office,  which 
formerly  were  in  the  office  ofthe  secretary,  that  many  patents  issued 
under  the  commonwealth's  governors,  long  before  the  date  of  this 
act. 

t  Altered  from    act  IV  of  December,  1656,  ante  page  417.— See 
also  act  XII  of  March,  1642  3,  (ante   page  248,)    for  registering 

mortgages.  " 


MARCH   1657-8— 9th  OF  COMMONWEALTH. 


473 


or  chattells,  whereby  his  creditors  not  haveing  notice 
thereof  might  be  defrauded  of  their  just  debts,  vnles 
such  conveyance  or  other  deeds  be  (first  acknowledged 
before  the  Govemour  and  Councill  or  at  the  monethly 
courtes  Si  be  registred  in  a  booke  for  that  purpose, 
within  six  monthes  after  such  alienation,  And  whoso- 
ever shall  make  over  or  alienate  any  part  of  his  estate 
otherwise  then  is  before  expressed,  the  same  shall  not 
bee  accompted  nor  allowed  valid  in  lawe,  And  the  said 
conveyance  with  acknowledgment  made  not  to  be  held 
valid  in  lawe  vntill  fowr  monthes  after  the  said  acknow- 
ledgment, in  which  time  the  creditor  may  have  notice 
to  make  his  objection  against  the  same,  if  hee  shall 
have  cause  therefore,  or  anie  other  personn  who  may 
have  made  to  him  a  former  conveyance  of  the  said 
estate. 


pass  unless 
the  convey- 
ance be  ac- 
knowledged 
in  court,  and 
registered 
within  six 
months. 
Alienations 
otherwise 
made,  not 
valid  ; 

Nor  shall 
such  convey- 
ance, with 
acknowledg- 
ment, be  valid, 
till  4  mouths 
after  the 
acknowledg- 
ment 


ACT  LXXXIX. 

Sealed  Barrells.* 

BEE  it  hereby  enacted  and  confirmed,  That  the  co- 
missioners  of  everie  monethly  courte  respectively  shall 
seale  all  barrells  brought  vnto  them,  when  they  are 
therevnto  required  with  the  marke  V(\  which  barrells 
are  to  containe  ffive  bushells  Whinchester  measure  that 
is  to  say  fourty  gallons.  And  all  barrells  soe  sealed  to 
be  allowed  and  noe  other,  vnder  the  pennaltie  of  for- 
feiture of  fortie  pounds  of  tobacco  for  everie  time  such 
an  vnsealed  barrell  is  vsed.  And  likewise  for  bushells 
the  aforesaid  pennaltie,  all  persons  whatsoever  being 
herevnto  required  to  take  notice  of  this  act,  and  ac- 
cordingly to  provide. 


Comm  is.  ol 
monthly  courts 
to  seal  barrels. 

Seal. 

Contents. 
Penalty  for 
using  unseal- 
ed barrels. 

Bushel*. 


ACT  XC. 

English  Weights  and  Measures. 

[This  act  is  the  same  as  act  XII  of  October,  Jfi4«;; 
ante  pa.  331.] 


.•  act  XXXV!  of  Feb,  1981.2  (ante  page  170)— Act  XXXlf  »l 
Pept.  1632,  (ante  page  195)— Act  Lot'  March,  1642-3,  ante  page  26$ 

3  M 


474 


LAWS  OF  VIRGINIA. 


ACT  XCI. 


Trial  by  JW> 
secured  to  par- 
ties who  desire 
it. 

How  pit.  k 
defend'lto  pro- 
ceed. 


Proviso. 

Compensation 
to  jurors. 


Their  de- 
ate  aim  r. 


Juries  on  Petition  to  be  graunied.* 

BEE  it  alsoe  enacted,  That  if  either  plaintiff  or  de- 
fendant shall  desire  the  verdict  of  a  jurie  for  the  deter- 
mination of  any  suite  depending  in  any  of  the  courtes 
of  this  collonie,  hee  or  they  shall  signifie  therein  their 
desire  by  petition  vnder  his  or  their  hands  vnto  the  said 
courtes,  before  the  same  cause  had  any  hearing  vpon 
the  day  of  tryall  :  if  it  be  the  desire  of  the  plaintiff, 
and  their  petitions  to  be  filed  in  the  secretaries  office, 
or  with  the  clerke  of  the  monethly  courte,  And  if  the 
defendant  shall  desire  it,  hee  or  they  shall  signifie  the 
same,  vppon  the  enterie  of  his  appearance  in  the  office 
which  shall  be  inserted  in  a  booke  to  be  kept  in  the  of- 
fice for  that  purpose  ;  Mlwaies  provided  that  the  cause 
depending  be  proper  for  a  jurie  :  And  bee  it  further 
enacted,  that  fall  such,  either  plaintiff  or  defendant, 
who  shall  desire  jurors  to  decide  their  causes  shall  pay  < 
and  allow  vnto  the  said  jurors  seaventy  two  pounds  of 
tobacco  per  cause,  And  that  duringe  the  time  they 
shall  be  debateing  the  cause  of  such  plaintiffe  or  de- 
fendant after  the  charge  delivered  them  by  the  board, 
neither  pit.  nor  defendt.  shall  have  privUedge  to  be  ad- 
milted  to  them  :  or  entertained  in  anie  discourse  con- 
cerning the  cause  in  triall. 


ACT  XCU. 

What  Money  Debts  are  Pleadable.^. 

All  money  BEE  it  henceforth,  enacted,  That  all  money  debit.- 

debts  recover*     made  in  the  collonie  shall  be  pleadable,  except  onely 

such  as  are  made  in  the  time  of  a  former  prohibition 


Compounded   t»i  act  LVil  of  March,  1642-3,  ante  page  i'73—  Ati 
v  of  November,  164.3,  ante  page  3(J3;  and  act  X  of  March,  1645-6,, 

ante  page  313 

From  this  niarh  •  to  the  end,  taken  from  au  X  of  March,  1645-6 
anie  pa.  313 

E  loin  act  lit  of  December,  1656,  (ante  pagre  417,>  with  slight  ya 
►iafiomi  in  the  phraseology 


MARCH,  1667-8— 9th  OF  COMMOISWKALTHw  4:5 

of  money   debts  being  not  pleadable,    vizt.  from  tiie  except  those 

26th  of  March,  1643,  to  the  10th  of  Sbr.  1649,  And  SJjJS&'fc 

alsoe  all  money   debts  which  are  or  shall  be  made  in  1649,  during 

England   for  goods  imported  to  this  collonie,  But  no  a  former  pro- 
other  shall  be  pleadable  in  this  collonie. 


ACT  XCI1I. 

The  election  of  Burgesses.* 

BEE  it  enacted  by  this  present   Grand  Assembly,      Election  ot 

That  all  Burgesses  shall  be  summoned  and  elected  in  Borgesses— 

manner  hereafter  expressed,  (that  is  to  say,)  That  the  time  &  place 

severall   and  respective  sherriffes  shall    within  tenne  of,  to  be  noti- 

daies  after  the  receiptc  of  such  writtes  as  they  shall  re-  fie(1  b^,the 
ceive  to  that  purpose  cause  the  same  to  be  published  & 
by  giveing  notice  of  the  same  from  house  to  house  by 
the  sherrilFe  or  his  deputie  to  all  persons  intenested      When  and 

in  elections,  which  hee  is  to  do  ex  officio  and  then  and  where  held, 
there  alsoe  to  publish  and  declare  the  certaine  daie  of 
the   weeke  and   moneth    for  chooseing  Burgesses  to 
serve  in  the  Assembly,  for  all  accustomed  places  in  the 

severall  counties,   and  parishes  respectively,  That  at  Sberifftoat- 

the  day  and  place  of  election  the  sherrifFe  shall  take  t.'.."u        , 

view  of  the  said  election,  and  before  the  sitting  of  the  how  to'make 

Assemblye  to  make  returne  to  the  secretaries  office  at  return. 

James  Cittie  of  the  persons  then  and  there  elected  by  ^"j^f 

subscriptions  of  the   major  parte  of  the    hands  of  the  Qualifications 

ellectors,  And  that  the  sherriff  who  shall  wittinglie  or  of  i''-rtons  t0 

williuglie   make  any  false  returne  or  neglect  iiis  duty  R^t  of  suf- 

shall  incurr  the  pennaltie  of  ten  thousand  pounds  of  to-  fvage  to  beex- 

bacco :  That  the  persons  who  shall  bee  elected  to  serve  •;,","lse  lll).v  a11 

in  Assembly  shall  be  such  and  no  other  then  such  as  sidine  in  the 

are  persons  of  knowne  integrity,  of  good  conversation  colony. 
and  of  the  age  of  one  and  twenty  yeares,  And  all  per- 
sons  inhabitting    in  this  collonie  that  are  freemen  to 

have  their  votes  in  the  election  of  Burgesses,  Provided  „ 

they  do  not  in  tumultous  manner,  but  fairly  give  their  tiu,;r  vot,. 
votes  by  subscriptions  as  aforesaid. 

'This  art  is  composed  "of,  act  VII  of  March,  1654-5,  (ante  pa»r 
411,)  as  amended  by  act  \VI  of  March  1655-6,  ante  page  4o:i.— • 
So  much  of  the  former  act  as  restricted  the  right  of  suffrage  to 
"  house  keepers,  whether  fifee-bohlers,  lease-holders  or  otherwise 
tenants''  and  to  om  persOfl  in  ;i  family,  being  omitted  in  this  net, 
and  tlir.-  provisions  of  the  latter  net  which  rwfrttfrt  thf>  vticient'itfyfp 
of  ;ill  freemen  voting   being  retainer! 

• 


476  LAWS  OF  VIRGINIA, 

ACT  XCIV. 

Concerning  Indians. 

[This  act  is  copied  from  act  I  of  March  10th,  1655-6 
(ante  pa.  393)  with  the  transposition  of  a  few  words 
only,  which  do  mot  vary  the  sense;  and  except  that 
this  act  stops  at  the  words  "  alienable  by  them,"  in 
the  3d  line  of  the  3d  section,  pa.  396.] 


ACT  XCV. 

Northampton  County  to  make  Lawes. 

[This  act  is  taken  verbatim  from  act  II  of  March, 
1655-6,  ante  pa.  396.] 


ACT  XCVI. 

Encouragement  for  Markett  Places.* 

Merchants  to        BEE  it  enacted,  that  if  any  countie  or  particular  per- 
be  encourag-     gQn  gjlajj  settje  any  p|ace  whether  the  merchants  shall 

willingly  come  for  the  sale  or  bringing  of  goods  such 
men  shall  bee  lookt  vppon  as  benefactors  to  the 
publique. 


ACT  XCV1I. 

Criminall  Causes,  where  to  be  tried. 

[This  act  contains  the  enacting  part,  only,  of  act 
V  of  March,  1655-6,  (ante  pa.  397,)  omitting  the  pre- 
amble.] 

•  This  act  consists  of  the  proviso,  only,  of  act  III  of  March, 
1655-6,  (ante  page  397,)  which  act  repealed  one  of  the  preceding 
session,  for  regulating  trade  and  establishing  ports,  and  places  fotf 
markers.     See  act  VIII  of  March,  1654-6,  ante  page  412 


MARCH,  1657-8— 9th  OF  COMMONWEALTH. 
ACT  XCVIII. 


477 


Places  of  Tr tails  and  Appcales.* 

WHEREAS   many  appeales  brought  are  meerly 
delatorie  and  for  poor  and  inconsiderable  causes  where- 
by men  are  defrauded  of  the  justice  they  sue  for,  the 
court  tacitly  taxt  from  whence  they  appeale  and  greate 
charge  accrueing  the  suite,  Therefore  bee  it  enacted 
by   this  Grand  Assembly  that  all   suites  and  causes 
between   partie    and  partie   of   what  valewe   soever, 
not  concerning  life  or  member  be  tried  by  the  countie 
courte  and  not  by  the  quarter  courte,  vnles  they  ex- 
ceed sixteen  hundred  pounds  of  tobacco  and  caske  or 
sixteen  pounds  sterling,  vppon  paine  of  ffive  hundred 
pounds  of  tobacco  to  be  paid  to  the  partie  grieved,  and 
thatnoe  appeales  from  the  countie  courtes  to  the  quar- 
ter courtes  nor  from  the  quarter  courtes  to  Assemblies 
vnder  the  same  value,  and  damages  vppon  appeales,  to  be 
awarded  by  the  judges  of  appeales  and  the  appellants 
forthwith  to  putt  in  securitie  to  pay  what  damages  shall 
be  awarded  against  them  :  Provided  the  former  act  au- 
thorizing to  what  valew  comissioners  are  to  try,  be  and 
remaine  in  full  force  and  vertue,  any  thing  contained  to 
the  contrarie  notwithstanding.     Vnto  this  act  is  added 
by  the  authoritie  aforesaid  that  noe  person  whatsoever, 
shall  be  arrested  vnto  the  quarter  courte  at  James  Cittie 
by  writt  from  the  office,  except  the  debt  amount  vnto 
sixteen  hundred  pounds  of  tobacco  vpon  the  pennaltie 
of  ffive  hundred  pounds  of  tobacco  fine,  excepting  such 
men  that  remoove  themselves  from  the  county  where 
they  made  their  debt  vnto  some  remote  countey. 


Jurisdiction  oV 
county  courts 
final  for  all 
sums  under 
1600  lbs.  of 
fob.  or  £  16 
sterl. 

Penalty  for  su- 
ing otherwise. 
Appeals  over 
those  sums  al- 
lowed to  q'r. 
courts  &.  as- 
sembly. 
Damages. 
Security. 
Not  to  affect 
jurisdiction 
of  single  ma< 
gistrate. 


No  arrest  upon 
process  from 
quarter  courts 
for   less  than 
1600  lb  tob. 
under  penalty; 
unless  the 
debtor  hath  re- 
moved to  a  diS' 
tant  countv, 


ACT  XCIX. 


Concerning  Fines. 


|This  is  a  literal   transcript  of  act  VII  of  March, 
1655-6,  ante  pa.  399.] 


I  ;om  act  Vr  ol  March,  J  655-6,  f^ui--  puxe  898,)  with  amend 

-re 


478 


Seconds  and 


LAWS  OF  VIRGINIA, 
ACT  C. 

Seconds  and  Slipps prohibited* 

WHEREAS  it  hath  bin  taken  into  serious  consider- 
ilips  of  tobac-  atjon  ancj  debate  for  the  bettering  of  our  indeed  onely 
toidcd.°  commoditie  of  tobaccoe   for  the  benefitt,   both  of  the 

planter  and  merchant,  both  equally  complaineing  of  its 
lovve  and  contemptible  rate  and  noe  expedient  found 
but  lessening  the  quantity  and  mending  the  qualitie, 
Wee,  this  present  Grand  Assembly,  finding  all  other 
stints  inconsistent  with  the  good  of  this  collonie, 
Marie-Land  remaining  a  distinct  government,  do  here- 
by enact  that  what  person  or  persons  soever  after  pub- 
lication hereof  shall  suffer  or  cause  to  be  tended  any 
tobacco  called  seconds  or  siipps,  shall  for  soe  doeing 
Penalty.  forfeit  ten  thousand  pounds  of  tobacco,  onehalfeto  the 

How  appro-      informer  and  the  other  halfe  to  the  militia,  to  be  dis- 
?>mte  posed  of  for  ammunition  for  the  countie  where  the  of- 

fence shall  be  comitied. 


ACT  CI. 


Preamble 


All  the  coun- 
ties to  be  di- 
vided into  pa- 
rishes. 

Farish  levy, 
annually 


Ministers  and  Parishes  Settled.\ 

WHEREAS  there  are  manie  places  destitute  of  mi- 
nisters and  like  so  to  continue,  the  people  content 
without  paying  the  accustomed  dues,  which  should  pro- 
cure those  that  should  teach  and  instruct  them,  soe 
that  by  this  improvident  saveing,  they  loose  the  great- 
est benefitt  a  Christian  can  have  by  heareing  the  word 
and  the  vse  of  the  blessed  sacraments,  Therefore  bee  it 
enacted  by  this  Grand  Assembly  that  all  counties  not 
yet  layd  out  into  parishes  shall  be  devided  into  parish- 
es the  next  county  court  after  publication  hereof,  and 
that  all  tithable  persons  in  everie  parish  respectively  in 
the  vacancy  of  their  ministers  pay  ffifteen  pounds  of 
tobacco  per  pole  yeerly,  and  that  tobacco  be  putt  in 

*  This  actagrces  substantially  with  act  VIII  of  Mar-h,  1655-6  (ante 
page  399,)  except  that  the  penalty  is  increased  in  this  act,  and  tht? 
last  clause  of  that  is  omitted. 

t  From  aet   IX  of  March,  1655-6,  ?nte  page  899,  with  emend 

inrnt': 


MARCH,  1657-tf— 9th  OF  C COMMONWEALTH.  479 

the  hands  of  the  churchwardens  of  the  severall  parish- 
es, who  are  to  ffive  securitie  to  the  vestrey  for  the  dis-   How  aild  b-v 

.  .       .P      ,        „.  ,  r        ,       i     •  i  i-  c         whom  appro- 

posemg  of  it,   In  the  rarst  place  lor  the  building  oi  a  priatea. 
parish  church,  and  afterwards  the  surplusage  (if  anie 
bee)  go  to  the  purchaseing  of  a  gleabe  and  stock  for 
the  next  minister  that  shall  be  settled  there. 


ACT  CII. 

Concerning  Administrations  and  Administrators  * 

WHEREAS  comissions  ^f  administrations  are  sud-  Preamble 
denly  obtained   and  the  estates  as  suddenly  disposed 
of  vnder   pretence    of  greatest    creditor    or    next    of 
kinne  whereby  often  times  they  that  are  really  so,  the 
one  is  defrauded  of  his  just  debt,  and  the  other  debar- 
ed  of  his  right  and  interest,  the  estate  being  imbezilled 
before  either  can  have   notice  of  his  right  OT  interest,  No  ad  minis- 
Therefore  bee  it  enacted  by  this  present  Grand  Assem-  Nations  to  be 
Lly  that  no  administration  be  confirmed  until  the  third  aft" /the  3d 
courte  be   past  except  to  the  widdowe  or  child,  And  court,  except 
then  suddenly  to  be  granted  vppon  her  request  or  the  to  the  wi^°w 
next  of  kinne,  And    for  takeing  care  of  the  decedents  Estate    in 
estate  vntill  the  lime  above  litnittet),  be  referred  to  the  meantime, 
co'iii-sioners  of  the  countii   where  the  decedent  died,  h*?w  Preserv* 
That  the  estate  in  case  of  widow  or  kinne  to  be  prais-  To  be  ap- 
od   as    formerly  by   men  vpon  oath  appointed  by  the  praised  and 
court  and  the  administrator  to  pay  the  vallue  of  the  an-  *dm  r  liablr 

■     *                                             *  tor  valu6 

praisement  and  noe  further;  but  in  case  of  no  kinne,  when  to  be 

then  the  estate  to  be  sold  at  an  outcry,  where  there  is  sold  at  auc- 

not  sufficient  assetts,  if  the   creditors  shall  require  it ;  Qrd'r   f 

That  all  debts  that  are  brought  in  and  presented  may  ing  debts, 

be  paied  according  to  priori  tie  in  lawe ;  that  none  have  Quietus, 

their  quietus  est  vnder  a  year  and  a  day  after  contir-  aide"^3"* 

mation  of  the  administration,  If  anie  administrator  be  Surplus, 

of  no  kinne  and  have  assetts,  that  all  the  estate  left  af-  where  no  km, 

ter  debts  paid,  bee  imployed  in  the  countey  where  he  10W  app  ie 
lived  for  setting  vp  of  Manufactors, and  other  publique 

vses,  The  administrator  being  paid  for  his  reasonable  CommsVm* 
charge  and  paines, 

.  ;ikc  n  hum  art  \  of  March  1665-6,  ante  page 4<in,  with  some 
ariations  '"»h  in  the  phraseology  and  substnnoe  of  the  act 


48U 


LAWS  OF  \IRGINIA, 


Magistrates  to 
be  recom- 
mended by 
co'ty  court, 
approved  by 
gov.  &,  council, 
&  confirmed 
by  assembly 


ACT  cm. 

How  Comissioners  are  to  be  made.* 

BEE  it  enacted,  by  this  present  Grand  Assembly  that 
no  person  or  persons  for  the  future,  bee  admitted  to 
be  a  com'r.  for  any  county  court  whatsoever,  but 
such  as  shall  be  desired  by  the  court,  approved  by  the 
Governour  and  councill  and  confirmed  by  the  Assem- 
bly. 


ACT  CIV. 

Against  Shooteing  at  Drinkeings. 

[This  act  substantially  agrees  with  act  XII  of  March, 
1655-6,  (ante  pa.  401,)  there  being  a  few  variations 
only,  which  do  not  affect  the  sense.] 


h  ex  rs  re- 
fuse to  quali- 
fy, adminis- 
tration with 
the  will  an- 
nexed to  be 
granted. 


ACT  CV. 

Concerning  Orphans'  Estates. 

CONCERNING  orphants  estates  be  it  henceforth 
enacted,  That  all  wills  and  testaments  be  firme  &  in- 
violable, but  in  case  the  exe'rs.  or  overseers  do  re- 
fuse to  execute  their  trust,  then  the  court  is  to  appoint 
others  to  act  according  to  the  will  of  the  testator  if  it 
may  be,  otherwise  to  beeffor  the  management  of  estates 
of  persons  intestate  bee  settled  for  the  present  and  fu- 
ture as  followeth — [The  rest  of  this  act  agrees  almost 
verbatim,  and  entirely  in  substance,  with  the  remain-r 
ing  sections  of  act  II  of  Dec.  1656,  and  therefore  need 
not  be  reprinted.] 


ACT  CVI. 

Virginia  Owners  Priviledged. 

[This  act  is  taken  verbatim  from  act  XIV.  of  March, 
1655-6,  ante  pa.  402.] 

*  This  act  was  taken  from  act  XIII  of  March,  1655-6,  ante  page 
402;  but  goes  further,  in  requiring  (hat  the  appointment  of"  com- 
missioners shall  he  ronnrineil  by  the  assemblv 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  481 

ACT  CVII. 

Encouragement  for  Ministers  and  their  Transporters. 

[This  is  nearly  a  literal  transcript  of  act  V  of  Dec. 
1656,  ante  pa.  418.] 


ACT  CVIII.     . 

Euerie  Titheable  to  Plant  and  tend  two  acres  of  Come. 

[This  act  agrees  substantially  with  act  VII  of  Dec. 
1656,  (ante  pa_e  419,)  there  being  a  few  verbal  varia- 
tions only,  which  do  not  affect  the  sense.] 


ACT  CIX. 

Concerning  Mulberrie  Trees. 

[The  only  essential  difference  between  this  act  and 
act  VIII  of  Dec.  1656,  (ante  pa.  420,)  is,  that  or- 
phans are  allowed  five  years  after  their  attaining  full 
age,  by  this  act,  to  comply  with  the  conditions  of  it ; 
and  only  two  years,  by  the  act  of  1656.] 


ACT  CX. 

Concerning  straie  Horses,  Cattell  and  boates. 

[This  act  agrees  with  act  IX  of  Dec.  1656,  (ante 
pa.  420,)  with  the  transposition  of  a  few  words,  which 
does  not  vary  the  sense.] 


ACT  CXI. 

Against  Stealing  of  Indians. 

WHEREAS  divers  informations  have  been  given  preambie 
into  Assemblies  of  sundry  persons  who  by  their  in- 
direct practices  have  corrupted  some  of  the  Indians  to 
steale  and  conveigh  away  some  of  the  children  of  other 
Indians,  and  of  others  who  pretending  to  have  bought 
or  purchased  Indians  of  their  parents,  or  some  of  their 
great  men,  have  violently  and  fraudulently  forced  them 

3  N 


482  LAWS  OF  VIRGINIA/ 

iwaie,  to  tlie  greate  scandall  of  Christianize  and  of  the 
English  nation,  by  such  their  perfideous  dealing,  ren- 
dring  religion  contemptible,  and  the  name  of  English- 
men odious,  and  may  be  of  very  important  and  dan- 
gerous consequence  to  the  collony  if  not  timely  p  re- 
person  pur-"      vented,  It  is  therefore  enacted,  that  noe  person  or  per- 

cbusingan  In    SQns  whatsoever  shall  dare  or  presume  to  buy  any  In- 
dian to  r-furn       ••  i    j-  /    •    *  \   i-  r     I       i-i       i<  i        *    .   • 

him  within  10     ('ian  or  I'idians  (vizt.)  trom  or  of  the  English,  am!  in 
Jays  case  of  complaint  made,  that  any  person   hath  trans- 

gressed  this  act  the  truth  thereof  being  proved  such 
person  shall  returne  such  Indian  or  Indians,  within  ten 
days  to  the  place  from  whence  he  was  taken,  And  be  it 
Pecuniary     further  enacted.  That  whosoever  shall  informe  against 
penalty.  any  person  for  breach  of  this  act,  and  (he  inforumtion 

beintr  found  against  the  party  accused,  The  offender 
shall  pay  vnto  the  informer  ffive  hundred  pounds  of  to- 
bacco to  be  recovered  within  any  courte  of  justice  in 
this  collony. 


ACT  CXII. 

Against  Mcrcenarie  Attorneys.* 

Prcambl  WHEREAS  there  doth  much  charge  and  trouble 

arise  bv  the  admittance  of  attorneys  and  lawyers 
through  pleading  of  causes'  thereby  to  maintain  suites 
in  lawe,  to  the  greate  prejudice  and  charge  of  the  inha- 
bitants of  this  collony  for  prevention  thereof  be  it  enaci- 
No  person  to  ed  by  (he  authoritie  of  this  present  Grand  Assembly  that 
plead  or  give     noe  person  or  persons  whatsoever  within  this  collonv 

•Kivico  ior  '  '  ** 

Cees.  either  lawyers  or  any  other  shall  pleade  in  any  courte 

of  judicature  within  this  eolloney  or  give  coanc  ill  in 
any  cause  or  controversie  whatsoever,  for  any  Kind  oi 

Penalty.  reward  or  prolitt  whatsoever,  either  directly    <>;    indi- 

rectly vpon  the  penalty  of  fiive  thousand  pound.-,  of  to- 

The  laws  concerning  attorn  ies  have,  within  a  few  years,  undergone 
various  alterations;  In  March"  1642-3)  (ante  page  275.)  an  act  passed 
(or  licensing  them,  and  limttting  iheii  fees  ;  in  November  1(545,  (ante 
page  H'i'2,)  all  mei cenar j  aifornies  were  expelled  from  office  ;  in  March, 
1645-6  (ante  page  313.)  thf  act  of  1642-;i,  was  rc|  paled,  and  the  act 
of  1645  made  perpetual  ;  in  November.  1647;  (ante  ;,a<;e  34-1,)  the  last 
mentioned  act  was  amended  by  declaring  that  no  attorney  should,  di- 
rectly or  indirectly,  take  any  tee,  and  that  it  should  be  the  duty  of  the 
court,  either  to  open  the  cause,  for  a  weak  party,  or  appoint  some  fit 
man  ;<  out  ot  the  people"  to  do  it,  and  that  no  other  attornies  should 
be  allowed  ;  in  Dec.  1656,  (ante  page  419,)  all  acts  againsi  mercenary 
attornies  were  repealed  :  the  Governor  was  authorised  to  license  them 
for  the  quarter  courts,  and  the  magistrates  for  the  i  ounty  courts  Tbt 
present  act  revives  the  expulsion  of  attorn 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  43 .?. 

bacco  vpod  every  breach   thereof:  And  because  the 
breakers  thereof  through  their  subtillity  cannot  easily  At,0""es 

rt        ■       i  /•  •        i  compellable 

bee  discerned  :  Bee  it  therefore  Jurthcr  enacted,  That  to  disclose, 


every  one  pleading-  as  an  attorney  to  any  other  person  °"  oa,1,>  H'''e- 

or  persons,    If  either  pit.  or  defend't  desire  it  shall  hale  vioTat  i 

make  oath,  That  he  neither  directly  or  indirectly  is  a  this  act 
breaker  of  the  act  aforesaid. 


ACT  CXIII. 

Concerning  Huie  and  Cries. 

WHEREAS  buy  and  cries  after  ruunaway  servants 
hath  been  much  neglected  to  the  greate  damage  and 
loss  of  the  inhabitants  of  this  colloney  Bee  it  therefore 
enact  d  and  confirmed  by  the  authoritie  of  this  present 
Grand  Assembly,  that  all  such  buy  and  cries  shall  be 
signed  either  by  the  Governour  or  some  of  the  Coun- 
cil], or  vnder  the  hand  of  some  eom'r.  nameing  the 
coimtie  where  the  said  com'r.  lives,  and  the  same  shall 
be  conveyed  from  house  to  house  with  all  convenient 
speed  according  as  the  direction  thereof  expresseth  : 
And  every  com'r.  of  each  county  vnto  whose  house 
by  this  meanes  the  said  huy  and  cry  shall  come  shall 
then  date  and  subscribe  the  same,  And  the  master  of 
everie  house  that  shall  make  default  in  the  speedy  con- 
veyance of  any  such  huies  and  cries  shall  for  everie 
such  default  forfeite  and  pay  vnto  the, owners  of  any 
such  ruunawaie  as  the  said  hues  and  cries  shall  men- 
tion, one  hundred  pounds  of  tobacco,  and  where  the 
said  ruunawaie  servant  is  found  he  shall  be  apprehend- 
ed anil  >ent  from  constable  to  constable  vntill  such 
runnawaie  or  runnawayes  shall  be  delivered  to  his  or 
theire  master  or  mistresse  and  if  any  neglect  can  be 
proved  ag;iin»t  the  constable  bee  to  be  fmed  three  hun- 
dred and  ftftie  pounds  of  tobacco. 


fine  andery 
how  issncii 
against  runo* 
wav  servants 


How  execut 
cd. 


Duly  of  cotu- 
iiiis^ioners. 

Penalty  on 
masters  of 
houses  for 
neglect  in 
the  execution 
of  the  pre- 
cept. 

Runaway,  if 
apprehended 
to  he  sent 
hack  by  con 
stable. 

Penalty  for 

neglect 


ACT  CXIV. 

lino  long  Bil/s  and  Judgments  arc  Pleadable.* 

WHEREAS    the    nature    of  our  trade  of  Virgi-   Preamble 
iia    in    respect    of  our    present    comodities    and   the 


>m  actl  <>f  November,  1664,  ante  page  390,  with  amendment! 


484 


LAWS  OF  VIRGINIA, 


iNo  bills, 
bonds,  judg- 
m'ts  or  other 
engagements 
recoverable 
after  5  years 
from  the  date. 

Execution 
not  to  issue 
on  a  judgm't 
after  a  year 
and  a  day, 
without  a 
sci  i     acias. 
Coininetjqe- 
meiit  of  act. 
Debtor  being 
ab    ni, 
limitation  not 
to  run. 
Further  time 
for  proseeut-  . 
inp  debts  3 
vears  due. 


greate  distance  of  our  habitations  enforceth  vs  to  en- 
gage by  bills,  bonds  and  judgements,  and  other  write- 
ings  vpou  payment  and  discharge  whereof  either  in 
part  or  in  whole  the  debtor  is  often  constrained  to  ac- 
cept of  receipts  and  employ  other  men  therein,  where- 
by manie  times  the  said  bills,  bonds,  judgments  and 
writeings  remaine  and  lie  out,  and  are  not  taken  vp 
or  delivered  in,  or  the  receipt  lost,  or  the  parties  or 
wittnessesdead,  soe,  thalthose debts  are  againe  demand- 
ed or  recovered  often  times  which  were  before  justly 
paid  and  acquitted  ;  for  remedie  whereof  Bee  it  en- 
acted and  confirmed  by  the  authoritie  aforesaid,  That 
no  bills,  bonds  or  judgments  or  any  other  engagement 
of  debt  be  of  anie  force  or  recoverable  ffive  yeares 
after  the  date  thereof,  And  that  no  execution  be  taken 
outvpon  anie  judgment  after  a  yea  re  and  one  daie  from 
the  date  of  anie  such  judgment  without  a  scire  facias 
to  warne  the  party  to  the  court  against  whom  the  said 
judgment  shall  att  any  time  happen  to  be  granted,  and 
this  act  to  begin  and  bee  of  force  the  ffirst  daie  of  June 
1^58,  Provided  if  the  debtor  absent  himstlfe,  and  de- 
parts the  country,  That  then  dureing  such  his  depar- 
ture it  shall  not  bee  reckoned  nor  accompted  anie  part 
of  the  said  ffive  yeares,  and  all  debts  haveing  been  three 
veares  due  or  more  to  be  still  pleadable  vutill  the  ffirst 
of  June,  1659  and  not  after. 


Limitation  of 
recovery  of 
olerks  and 
.^hen  iffs'    fees, 
and  of  public 
and  county 
levies. 
Exception!!. 


ACT  CXV. 

IIozo  long  ff ccs  and  Levies  are  recoverable, 

BEE  it  enacted  and  confirmed  by  the  authoritie  afore- 
said, That  no  clerkes  or  sherrilTes  fees,  nor  county 
nor  country  levies  after  two  yeeres  time  due,  be  reco- 
verable in  this  collony,  except  bill  be  taken  for  the 
same,  or  suite  commenced,  and  the  defendant  arrested 
or  in  case  of  absence  out  of  this  countrev* 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  483 

ACT  CXVI. 

Concerning    Mil  id's* 

WHEREAS  by  the  secondf  act  of  Assembly  A'o.  Preamble. 
1645,  It  was  ordered  and  established  for  the  reformeing 
the  greate  abuse  of  millers  in  exacting  excessive  and 
illegall  toll  that  no  person  or  persons  vseing  or  occupie- 
ing   any  mill  should  take  or  receive  for  the  grinde- 
ing  of  any  graine  or  exehangeing  it  for  meale  above 
the   sixth  part   thereof  for  tolle,  which   act  hath   not 
taken  such  effect   as  was  intended  thereby,  in  respect, 
as  is  conceived,  neither   penalty  was  imposed  thereon 
vpon  the  offender,  nor  the  execution  thereof  was  given 
in  direction   to  any  particular  officer,  It   is  therefore      Millers  to 
thought  fitt  to  enlarge  the  said  act  and  by  vertue  there-  provide  steei- 
of  to  require  all  millers  or  owners  of  mills  to  provide  -va,ds  01  fla 

i         i       rA  t  -it  /•  t  '.„.       ,      into  weights 

by  the  ffive  and  twentieth  day  of  June  next,  stilhards  anf)  scaies. 

or  statute  weights   and   scales  by  which  they  are  to   Penalty  for 

receive  in  and  deliver  out  all  graine,  and  that  they  do  not£"nchn? 

i  *u  •  i  •  or  exchanging 

sufficiently    gnnde  or  exchange   the  said   graine   soe  grain  for  meal 

brought  vppon  the  pennaltie  in  case  they  do  exact  be-  ortakingmore 

yond  the  said  proportion  for  grinding  or  exehangeing  or^te£fovy 

or  in  case  of  default  of  such  weights  or  scales,  or  for  ihg  weights. 

not  sufficient  grinding,  the  sume  of  one  thousand  pounds  &c- 

of  tobaccoe. 


ACT  CXVII. 

Accompts,  how  pleadable.^ 

BEE  it  enacted  by  authoritie  of  this  present  Grand      ^°  book- 
Assembly,  That  no  booke  debts  or  accompts  shall  bee  counts  reco_. 
henceforth  pleadable  in  any  court  of  justice  within  verabie. 
this  collonie  without  specialtie  or  writeing   vnder  the 
hand  or  hands  of  such  person  or  persons  that  shall  be 
impleaded  about  the  same,  Provided  that  this  act  shall   tracted  within 

the  colony 

See  ante  page  301,  act  IV  of  November,  1645;  and  act  XI  of 
November  1647,  ante  paj;e  347,  from  which  this  is  taken,  with  a- 
meudments. 

t   Act  IV  of  this  collection,  ante  page  301. 

i  Pee  act  VI  of  November,  1646;  act  VII  of  March,  1643-0. 


Not  to  extend 
to  debts  con- 


48b  LAWS  OF  VIRGINIA, 

If  the  debtor  extend  onely  to  such  debts  as  shall  be  made  within  tliib 

iblfdetrt  onDy  collony,  Provided  also  that  in  case  the  debter  bee  living, 

oath,  court  It  shall  be  lawful]  to  putt  the  debtor  to  his  oath,  and  in 

may  give  case   |,0   sna|j    refuse  to   swear  that  he  oweth  not  the 

judgment.  ^^  guc(.j  ^  no),  a(jje   ^an  thereof,  then  it   shall    be 

sufficient    evidence  against    him  for  the  court  to  pass 
judgment  against  him  for  so  much  of  the  said  debt  as 
Thisactnotto   j)ce  siu,]]  confess  or  not  denie  due  vpon  his  oath,  Pro- 
persons'  vtded  abac  that  this  act  in  noe  wise  extend  to  dead 
estates.  mens'  estates. 


ACT  CXVIII. 

Concerning   Denizations. 

Denization,  BEE  it  a  Is  oe  further  enacted  and  confirmed  by  ike  au- 

how  acquired    thorilie  aforesaid^  That  all  aliens  and  strangers  who 
have  inhabited  the  countrev  the  space  of  flower  yeeres, 
and  have  a  firme  resolution  to  make  this  countrey  their 
place  of  residence  shall  be  free  icmsons  of  this  collo- 
Oata.  ny,  Provided  they  and  everie  of  them  takf  the  oath  of 

ffidelhe  to  be  true  to  the  government  of  this  countrey, 
;"      And  the  said  oadi  is  to  be  admittistred  by  tlie  several! 
admimst  d.       courts   respectively  in    the  counties  where  anie  such 
Their chil-     aliens  do  dwell  :  Aid   it    is  also  further  enacted  that. 
dren4o  be  free   their    children   also    shall    be    ifree   denisous  of  this 
denizens  on      countrey    they  and  everie  of  them,  Also  kakeing   the 
of  fidelity  "  '   '"■'•'  oatn  °*  fiW^ty  when  they  shall  attain  to  lawful] 
when  they  ar-   age,  which  said  oath  is  to  be  administered  by  the  seve- 
ral I  couutie  courts  where  they  shall  happen  to  live  a? 
aforesaid. 


ACT  CXIX. 
Want  of  Form r  no  barr  to  a  Plea. 
WHEREAS    there  is  and  daily   doth  arise    exce= 


0  I 


sive   charges    and  greate  delaies  and    hinderances  oi 

justice  betwixt  the   subjects  of  this  collony  by  reason 

.  Co.ur*s  t0      of  small  mistakes  in  writts  and  formes  of  pleading.  It  is 
give  judgm  t.  ..  .  7  -  "  ,  ,        .  . 

according  to     thereforejor  the  prevention  (heicof,  enacted  by  tluspre- 

thc  ri  sent  Grand  Assembly)  That  all  courtes  of  judicature 

llu  fau!  within  this  collony  shall  proceed  and  give  judgement 

without         '  according  as  the  right  of  the  cause  and  the  matter  in 


MARCH,  1657-8— 9th  OF  COMMONWEALTH;  487 

lawe  shall  appeare  vnto  tliem,  without  regard   of  any  regard  to 

»     j  j    >     i.  c  r  •  •  .'..  form,  i»i  writ, 

imperfection,  default  or  want  ot   forme  in  any  wntt.  re-    r8tum plaint 
turne  plaint  or  process  or  any  other  cause  whatsoever,  process  or 

other  cause 


ACT  CXX. 

Concerning,  Supersedeas. 

WHEREAS  the  writt  of  supersedeas  is  frequently   Preamble 
obtained  vpon  slight  matters  rfnd  pretences  to  the  great 
injurie  and  prejudice  of  manie  of  the  inhabitants  of 
this  culloney  by   the  stopp  and  delaie  of  justice  there- 
by.  Bee  it  therefore  enacted  and  confirmed  by  the  au-   Damages  on 

thoritie  aforesaid  that   what  person  or  persons  soever   affirmance  of 
i     11       i  j.    ■  j  i   •       iuilffm't.  aftei 

shall  obta;ne  a  supersedeas  to  remove,  stopp  or  stale    .,*.,,.  „„ 
any  proceedings  in   lawe,  cither  in  quarter  or  county   10  per  cent. 
courts,  and   notwithstanding  after  be  cast  in  the  suite  &«>s,s 
shall   pay  vnto  the  party  grieved   tenn  pounds  in  the 
hundred  damage  for  so  much  as  shall  be  recovered  ci- 
ther in  money  or  tobacco,  besides  ordinarie  cost:. 


ACT  CXXI. 

Encouragement  to  make  Stile. 

WHEREAS    it   is  generally   supposed,    That  the  Premium foi 

makeing  of  silk  will  much  conduce  to  the  eood  of  this   Jns?kinS;lP0 

,.  »»•?,•  ,     ii     ,i  i       •<■      r  lbs.  "t  silk 

cOllonS ,  lice  it  there] ore.  enacted  by  the  authoritie  afore- 
said, that  what  person  soever  shall  first  make  one  hun- 
dred pounds  of  wound  silke  in  one  yeare  within  this 
colloney  shall  for  his  so  doeing  be  paid  ffive  thousand 
pounds  of  tobacco  out  of  the  publique  levie. 

ACT  CXXII. 

What  Tobacco  is  Merchantable. 

B,EE  it   enacted  and  confirmed  by  the  authoritie  of  Tobacco 

this  present  Grand  Assembly,  that  noe  tobacco  whntso-  ''"v-<'<i  with 

ever  hereafter  made  within  tliis  collonie  shall  be  held  ^jrea  nf> 

or  accompted  merchantable  tobacco,  which  snail  have  longer  mer- 

therein  anie  ground  leaves,  And  be  it  also  enacted  by,  chantable. 

the  auihorilie  afutfsaid^  for  the  payment  of  old  debts,  debts  300 

that  three  hundred  pounds  oftobaccoe  without  ground  lbs. of  t'>i>a- 


488 


LAWS  OF  VIRGINIA, 


co,  without 
ground  leaves, 

<>qual  to  400 
with  them. 
Proceeding 
where  the 
creditor  will 
not  accept. 
Public  levies, 
clerks'  fees, 
ice.  to  be  paid 
in  sood  tobac. 


Penalty  for 
packing  bad 
tobacco  with 
rop  tobacco. 


leaves  shall  pay  flower  hundred  pounds  of  tobaccoe, 
formerly  called  merchantable  tobaccoe,  haveing  the 
ground  leaves  therein  and  so  proportionably  :  And  if 
the  creditor  shall  not  accept  of  the  payment  of  the  said 
proportion  without  ground  leaves  then  the  residue  of 
the  debt  shall  bee  paied  him  with  ground  leaves,  being 
packt  and  putt  by  themselves,  And  be  it  also  enacted 
that  all  publique  levies,  clerkes  and  sherrifl's'  flees,  mi- 
nisters' dues  and  all  other  payments  whatsoever  touch- 
ing the  publique,  shall  be  henceforth  paid  in  good  to- 
bacco without  ground  leaves ;  And  in  case  anie  person 
or  persons  whatsoever  shall  false  pack  anie  tobacco, 
that  is,  pack  anie  ground  leaves  to  the  quantity  of  ffive 
pounds  in  a  hogshead,  among  his  topp  tobacco,  if  it 
shall  be  proved  by  the  testimony  of  two  or  three  view- 
ers, who  are  to  be  appointed  by  each  partie  concerned 
one  and  the  third  by  a  com'r.  vpon  whose  verdict  given 
vnder  their  hands,  It  shall  be  lawfull  for  the  said  com'r. 
to  give  order  for  the  burning  it. 


Penalty  for 
planting  or 
re-planting 
tobacco  after 
I'tth  July. 


ACT  CXXIIL 

None  lo  plant  Tobaccoe  after  10th  Julie. 

BEE  it  alsoe  enacted  by  the  authority  aforesaid, 
That  what  person  or  persons  soever  within  this  collo- 
ney  shall  plant  or  replant  any  tobacco  after  the  tenth 
day  of  July,  yearly,  shall  pay  and  forfeit  tenne  thou- 
sand pounds  of  tobaccoe,  the  one  halfe  thereof  for  the 
informer  and  the  other  halfe  for  the  vse  of  the  county 
where  the  offence  is  comitted. 


.Penalty  for 
exporting 

titles,  Iron 
or  w  oo'. 


ACT  CXXIV. 

Hides,  Iron  and  Wooll  not  to  bee  exported. 

WHEREAS  the  exportation  of  hides,  wool  and 
iron  is  gennerallie  conceived  to  be  much  prejudi- 
ciall  to  the  commonwealth  and  good  of  this  collony, 
Bee  it  therefore  enacted  by  the  authoritie  of  this  present 
Grand  Assembly  that  what  person  or  persons  soever, 
shall  export  out  of  this  collony  either  wool,  hides  or 
iron,  shall,  for  their  and  everie  of  their  offences  in  soe 
'loeing  paie  as  followeth,  vizt.  ffor  everie  hide,  soe  ex- 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  489 

ported  the  sume  of  one  thousand  pound  of  tobacco  and 
for  everie  pound  of  iron  tenne  pounds  of  tobaccoe,  and 
for  everie  pound  of  wooll  fiftie  pound  of  tobacco,  the 
one  halfe  of  which  said  payments  and  forfeitures  shall 
be  paid  to  the  informer,  and  the  other  halfe  to  the  puh- 
]ique. 


ACT  CXXY. 

Debts,  -vhen  to  be  demanded. 

WHEREAS  manie  creditors  for  severall  by  respects  Preamble, 
neglect  demanding  the  tobacco  due  to  them  in  due 
time,  by  that  meanes  enforcing  the  debtors  to  the  incon- 
veniencies  both  of  not  disposing  of  their  tob'o    nor 
paying  their  debts,  to  the  greate  damage  and  prejudice 
of  the  said  debtors,  Bee  it  therefore  enacted  that  everie 
person  or  persons  not  demanding  their  debts  between  ^laJiri'in"01 
the  tenth  of  October  and   the  last  of  January  shall  thiir  tobacco 
not  sue  or  implead  any  person  or  persons  indebted  to  ,!el)t<;  l,,,,w'n 
them  for  present  payment,  But  it  shall  be  lawful!  for  berandthe" 
anie  person  oweing  tobaccoe  after  the  said  last  of  Janu-   last  of  Jan'y, 
ary,  to  dispose  of  his  tobacco  at  his  pleasure,  Provided  not  to  sJie  fm 
allwaies  that  it  shall  be  lawful!  for  the  creditor  to  sue  ,nRy  demand 
or  implead  his  debtor  for  securitie  for  his  debt,  against  and  sue  for 
next  yeare,  any  thing  in  this  act  to  the  contrary  not-  ^"ne's/v'i 
withstanding. 


ACT  CXXVI. 

Ordinarie  Keepers  rated. 

BEE  it  enacted  by  the  author  it  ic  of  this  present  Grand  Tavern  keep- 

Jlssembly  for  the  payment  of  debts   made   in    the  or-  e« rated  du- 

t              *-i'    •                                n          i    a            ii  ring  the  prc- 

dinanes  at  James  Cittie  tins  present  Lrrand  Assembly,  sent  session 
that  what  bills  have  been  formerly  taken,  or  hereafter  of  Assembly 
shall  be  taken,  for  any  thing  expended  dureing  this  ses- 
sions of  Assembly  shall  be  reduced  and  abated  in  such  prjces<,<- 
sort  that  the  debtor  shall   pay  for  their  drink  at  the  Case-waters, 
rates  followinge,  (vi/,t.)  (for  case  waters  and   die  like,  Spanish 

rv  /.  •                   i        /•      i                         ■■                                iv       !•  wines. 

ttiftie  pounds  ot  tobacco  per  bottle,  or  quart ;  ilor  hpa-  gacit, 

nigh   wines,  vi/.t.   Sack,  or  the  like,   thirty  pounds  of  French 

tobacco  per  bottle  or  quarte,  (Trench  wines  burnt  twen-  ""^ , 
tie  pounds  of  tobaccoe  per  bottle  or  quarte,  and  beer 

8  O 


490 


LAWS  OF  VIRGINIA. 


Dipt  for 
masters  and 
servants. 
Lodging. 

If  any  bills 
passed  for 
the  above,  to 
be  reduced 
to  those 
rates. 

Tavern  keep- 
er to  disclose 
on  oath. 


Justification 
of  these 
measures. 


Ordinary 
keepers  to  be 
hereafter  go- 
verned by  the 

law 


tJlerk  of  As- 
sembly, his 
fees. 


twentie  pounds  of  tobaccoe  per  gallon,  and  for  dietts 
ffifteen  pounds  of  tob'o.  per  meale  for  masters  and  tenne 
pound  of  tobacro  for  servants,  and  for  lodgeing  ffive 
pounds  of  tobacco  per  night,  And  bee  it  also  further  en- 
acted, That  in  case  any  person  or  persons  whatsoever, 
have  passed  or  shall  pass  their  biils  for  any  suine  or 
sumes  of  tobacco  touching  the  premises  dureing  the 
continuance  of  this  session  of  Assembly  they  shall  have 
remedie  for  the  same  accordinge  to  the  rates  abovesaid 
in  any  court  or  judicature  within  this  collonie.  And 
if  need  be  to  proceed  in  chancery  against  all  person  or 
persons  who  have  or  shall  infringe  this  act,  and  the 
said  person  or  persons  offending  to  be  examined  vpon 
interrogatories  how  much  hee  or  they  have  exceeded 
in  his  or  their  accompts,  bill  or  bills  the  rates  above- 
said,  which  sume  or  sumes  exceeding  the  said  ratesshall 
be  abated  vnto  the  debtor  or  debtors  out  of  the  said  bills 
or  acco'ts.  Nor  have  wee  hereby  prejudiced  the  said 
ordinarie  keepers  att  all  in  their  rates  because  wee 
hereby  exceed  the  rates  by  a  former  act  of  Assembly 
sett  vppon  ordinarie  keepers,  for  sale  of  wines,  strong 
waters  and  dyetts:  And  it  is  also  jfurthcr  in<cltd  that 
for  the  future  the  said  ordinarie  keepers  are  to  proceed 
in  their  rates  and  accompts  according  to  act  of  Assem- 
bly in  such  case,  for  regulation  of  them  made  and 
provided. 


ACT  CXXVII. 

The  Clerk  of  the  Assembly es  Fees. 

BEE  it  enacted  by  this  present  G  rand  Assembly,  That 
the  clerke  of  the  Assemblies  fees  shall  be  as  followeth, 
vizt. 

Impri's,  ffor  entrie  of  a  cause  by  return?,  plea 

or  petition  020 

ffor  an  order  and  copie  of  an  order  020 

ffor  denization  050 

ffor  naturalizinge  050 

ffor  countie  court  commissions  050 
ffor  militia  comm'ons.  if  graunted  by 

Assembly  050 
ffor  coppieing  the  acts  of  every  Assembly  300 

ffor  the  whole  body  of  the  acts  writeing  300 

ffor  attesting  Acts  of  Assembly       )  y  „  . 
ffor  coppieing  answers  and  replies  ) 


MARCH,  1657-8— 9th  OF  COMMONWEALTH,  4  hi 

ACT  CXXVIII. 

Imposition  of  tzoo  shillings  per  Hogshead. 
(Worne  out*) 

This  present  Grand  Assembly  of  Virginia  takeing  in- 
to  serious  consideration  the  burthensom  and  vnequall 
waie  of  layinge  taxes  by  the  pole  and  how  just  and  pro- 
portionable it  will  be  to  impose  the  same  on  our  com- 
modate made  and  also  how  they  may  with  most  honour 
&  ease  support  the  government  in  well  paying  of  its 
officers  and  as  meanes  perhaps  of  introduceing  money,   Duty  of  two 
Sz  an  encouragement  to  men,  to  produce  other  vsefull     ^  j"1^8  °" 
and  beneficiall  comodities,  have  thought  fitt  to  impose  head  of  tobac- 
two  shillings  vpon  every?  hogshead  of  tobaccoe  that  co  shipped 
shall  from  and  after  the  first  of  July  next  be  shipped  on  from  VirSima' 
board  anie  shipp  or  other  vessell  within  Virginia  to  be 
exported,   And  the  collectors  of  the  said  imposition,  to 
dispose  of  no  part  thereof  but  by  order  of  the  Grand 
Assemblie  onlv. 

Bee  it  therfore  ordained  and  enacted  by  this  present       Meters  °* 
/-*         ti  ii  it       7  i  -  r-     i     i  ■    •     vessels  to  give 

hrand  Assembly  and  by  the  author  it  ie  thereof,  Ana  it  is  security  for 

hereby  enacted  that  the  master  and   masters  of  all  and   payment  of 
everie  shipp  or  vessell  comeing  lo  trade  in  Virginia  af-  t!"ues 
ter  the  first  day  of  July  next  comeing,  shall,  vppon  de- 
mand made  by  the  collector  or  collectors  who  shall  by 
order  of  Assembly  be  impowered  to  receive  the  said  im- 
position from  everie  shipp  or  vessell  enter  into  securi- 
tie  to  pay  such  collector  or  collectors  two  shillings  for 
everie  hogshead  of  tobacco,  that  shall,  vpon  any  ac- 
compt  whatsoever  be  shipped  on  board   his  shipp  or  How  pay  in  t.  j 
vessell  to   be  exported,  The  said  payment  to  be  made  •»«>  be  made, 
either  in  money  bills  of  exc'a.  or  goods  att  thirty  per  ^^f^eto 
cent,  advance  vpon  the  price  of  such  goods  at  the  first  masters. 
pennic  ;  And   ail  fl'reighiors   to  be  accountable  to  the 
*aid  masters  for  the  tobacco  by  them  shipped. 

Bee  it  also  ordained  and  enacted  by  the  authority  afore-  How  the 

said,   for  the  discovery  of  the  number  of  hogsheads  numterof 

each  shipp  or  vessell  contained  that  the  master  of  such  J^w"-1^ 
shipp  or  vessell  shall  deliver  his  boatswaines  booke  to 

'  ^o  marked  in  the  |\fS   but  \hv    •  he  rnrnplotr 


492 


LAWS  OF  VIRGINIA, 


Penalty  on 
master  for 
concealing: 
quantity  cf 
Tobacco. 


If  duty  to  he 
paid  in  bills 
of  exchange, 
collector  to 
fake  security. 


Collectors  to 
be  appointed 
by  the  as>em- 
bly — and  to 
efive  security. 


Their  com- 
mission. 


Limitation  of 
this  act. 


Sam'l  Ma- 
thews, present 
governor,  re- 
quested to  ap- 
point collect- 
ors &.  take  se- 
curity. 
Vacancies, 
how  supplied. 


the  perusall  of  the  collector,  and  make  oath  of  the  truth 
of  the  same,  so  far  as  he  knoweth,  And  that  the  mates, 
boatsvvaines  or  any  other  seamen  be  sworne,  if  the  col- 
lector see  cause  to  discover  the  truth  of  the  said 
freight. 

And  if  any  mnster  of  shipp  or  vessell  shall  witting- 
ly or  willingly  conceale  any  part  of  his  flreight,  from 
the  collector,  and  shall  thereof  be  lawfully  convicted, 
then  the  said  master  shall  forfeit  for  ev'ry  such  offence 
the  sume  of  one  hundred  pounds  sterling,  one  inoietie 
thereof  to  goe  to  the  informer  and  the  other  to  the  pub- 
lique  to  be  recovered  by  action  of  debt,  bill  or  plaint, 
in  quarter  court  or  countie  courte  by  vertue  of  this  act 
against  which  no  essoigne,  wager  of  lawe  or  protection 
to  be  allowed  to  any  person  soe  offendinge. 

Bee  it  further  enacted  and  ordained,  that  if  any  mas- 
ter shall  pass  bills  of  exchange  for  the  said  imposition, 
that  then  the  collectors  are  hereby  required  to  take 
sufficient  caution  of  the  said  master  for  the  true  and 
good  payment  of  the  same. 

7/  is  hereby  ordained  and  enacted,  That  the  collectors 
of  the  severall  rivers  and  places  in  Virginia  for  the 
receiveing  of  the  said  two  shillings  per  hogshead  be  ap- 
pointed and  confirmed  by  this  present  Grand  Assem- 
bly and  give  sufficient  security  and  caution  for  the  due 
execution  of  the  trust  hereby  reposed  in  them  ;  And  to 
be  accomptable  to  the  next  Assembly  according  to  the 
tenor  of  this  act,  And  the  said  collectors  to  be  allow- 
ed tenne  per  cent,  sallarie  for  collecting  the  said  impo- 
sition, Provided  allwaies  and  it  is  hereby  ordained  and 
enacted  bu  the  authoritie  aforesaid,  That  this  present  act 
of  Assembly  be  and  remaine  in  force  for  one  whole 
yeare  and  noe  longer. 

It  is  also  desired  by  this  present  Grand  Assembly 
that  the  hon'ble  Samuell  Mathewes,  Esq>.  Governour, 
do  grant  out  comissions  to  the  severall  collectors  no- 
minated with  full  authoritie  to  execute  their  offices  and 
to  take  sufficient  caution  of  them,  for  their  true  and 
faithful  execution  of  their  offices  according  to  the 
abovesaid  trusts  and  in  case  of  the  non-acceptance  of 
the  place  of  collector  by  any  person  here  nominated 
or  in  case  of  any  of  their  mortality,  the  Governour  is 
hereby  impowered  to  putt  another  in  their  place  take 
ing  caution  as  aforesaid. 


MARCH,  lG57-b— 9th  OF  COMMONWEALTH. 


4W 


ACT  CXX1X. 

Burgesses  Charges,  hoio  to  be  raited. 

BEE  it  enacted  that  in  regard  the  money  levied  at  Counties  to 
two  shillings  per  hogshead  by  reason  of  the  disburs-   !«fses"s  for. 
ment  for  agencie  and  other  publique  debts,  cannot  this  merly. 
yeare  defray  the  Burgesses  charges,  That  the  severall 
counties  respectively  shall,  by  a  county  levie  as  former- 
ly, pay  the  charge  of  their  severall  respective  Burges- 
ses for  this  Assembly. 


ACT  CXXX. 


Peices  of  Eight,  to  pass  at  Five  Shillings 


r. 


BEE  it  hereby  enacted  by  this  Grand  Assembly.  That 
noe  false  money  shall  pass  for  currant  in  this  countrey, 
but  peices  of  eight  that  are  good  and  of  silver  shall 
pass  for  live  shillings  currant  money  vpon  pennaltie  of 
twenty  shillings  to  be  paid  by  the  refusers  of  them, 
And  that  none  shall  exporte  money  out  of  this  coun- 
trey above  the  sume  of  fortie  shillings,  if  any  shall  ex- 
ceed the  said  sume  to  forfeite  double  the  value  there- 
of. 


No  money  of 
bad  metal  to 
pass — hut 
pieces  of  eight, 
of  silver,  to 
pass  at  five 
shillings. 
Penalty  for  re- 
fusing them. 
For  exporting 
above  40s.  in 
mnnev. 


ACT  CXXX1. 

For  the  Adjournment  of  the  Assembly. 

BEE  it  enrfcf  erf  That  this  present  session  of  Assem- 
bly bee  adjourned  vntill  the  second  Monday  in  March 
next,  and  in  case  of  the  death,  departure  out  of  the 
countrey  or  any  of  the  present  members  being  made 
sherriffes,  and  so  incapable  of  serving  as  a  Burgesse 
the  next  sessions,  then  the  respective  sherrifls  to  give 
timely  notice  to  the  people  in  the  severall  counties  to 
make  a  new  election,  And  if  anie  emergent  occasions 
requires  the  conveneiug  the  Assembly  before  the  day 
before  limitted,  the  Governour  is  hereby  desired  and 
impowered  to  send  out  his  sumons  lor  the  speedy  con- 

1  mm  act  IV  of  March,  1655-6  (ante  page  397)  which  repealed 
icflVof  March    1664-5.  (ante  pag<  410 ;)  with  flraendrw 


Adjournment 
of  Assembly 
to  second  Mon- 
day in  March 
165S-9. 
Vacancies  in 
representati- 
on, how  sup- 
plied. 

Governor  au- 
thorized and 
requested  to 
convene 
Assembly  in 
case  of  emer- 
gency 


494  LAWS  OF  VIRGINIA, 

vention  of  the  severall  Burgesses  of  the  Assembly, 
Burgess  cho-     Provided  also  that  if  a  new  Bururesse  should  be  chosen 

sen  in  room  of    c  ,  .      r  -0.  ,-, 

one  absent;  if  ,or  any  place  instead  ol  any  of  the  present  Burgesses 
absentee  re-      now  bound  out  of  the  country,  if  the  present  Burgesse 
^r°8'  electlon  returne  before  the  next  session,  then  the  new  election 
to  be  void. 


{&*  THE  acts  of  the  preceding  session  contain  not 
only  those  of  the  Revisal  of  March,  1657-8,  for  which 
provision  was  made  at  the  December  session,  1656, 
(ante  pa.  421,  427,)  but  several  other  laws  originally 
passed;  as  appears  by  the  journal  of  the  House  of  Bur- 
gesses of  March,  1657-8,  in  which  the  subjects  compre- 
hended in  those  laws  are  discused.  In  the  MS.  the 
journals  of  the  March  session,  1657  8,  are  intermixed 
with  those  of  the  March  session,  1658-9.  This  arose 
from  the  careless  and  variable  manner  in  which  the  date 
of  the  year  was,  at  that  period,  written.  Sometimes  the 
new  year  was  annexed  to  the  old,  between  the  1st  of 
January  and  25th  of  March,  (as  1657-8,  1658-9)  and 
sometimes  not;  Most  frequently,  it  was  written  singly, 
as  1057,  or  16  8;  and  the  dates  were  so  confounded, 
that  the  one  was  often  inserted  for  the  other.  Thus 
we  have  seen  that  the  acts  of  March,  1654-5,  and 
those  of  March,  1655-6,  were  all  dated  simply  1655. 
The  clerk,  in  transcribing  them,  inserted  those  of 
March,  1655  6.  first;  and  it  was  only  by  the  subject 
matter,  that  the  error  could  be  discovered  ;  two  acts 
of  March,  1655-6,  having  repealed  preceding  acts  of 
1654-5.  (See  ante  pa.  404;  410,  note;  412,  note.)  So 
the  journals  of  March.  1657-8,  and  March,  1658-9,  are 
all  inserted  after  the  meeting  of  a  new  Assembly  in 
March,  1658-9;  and,  with  one  exception,  are  simply 
dated  March,  1658.  But  by  having  reference  to  the 
acts  of  those  sessions,  we  discover  to  which  the  jour- 
nals respectively  belong.  (See  note  to  page  393,  on 
the  subject  of  the  old  and  new  style.) 

Such  parts  of  the  journal  as  tend  to  elucidate  the 
history  of  the  period  to  which  they  relate,  will  alone  be 
inserted/] 


MARCH,  1657-b~9th  OF  COMMONWEALTH.  495 

The  Revised  Lazos  of  March,  1657  8.  were  thus  adopt- 
ed, under  date  of  March  Slut,  i658  :  (See  Rand. 
MS.  pa.  23S.) 

THIS  day  all  the  former  acts  haveing  been  perused   Revised  laws 
by  the  committee  for  viewing  and  regulateing  them^  ^adonttd 
were  by  the  said  comittee  presented  to  the  house,  where 
being  read  and  seriously  discussed  they  were  approv- 
ed of  in  the  House  and  a  comittee  appointed  to  present 
them  to  the  Governour  and  Councill,  and  to  advise 
with  him  and  his  councill  about  the  explanation  or  al- 
teration of  any  seeming:  difficulties  or  inconveniencyes, 
Yet  with  this  limitation  not  to  assent  to  any  thing  of 
consequence  without  the  approbation  of  the  House. 


The  following  Extracts  from  the  Journals  of  March, 
1657-8,  will  shew  the  manner  of  doing  business,  in 
fhe  Assembly,  at  that  period  : 

March  26th,  1658. 

PROPOSED,  Whether  a  regulation  or  totall  ejec-  Lawyers, 
tion  of  lawyers  ? 

Resolved,  By  the  first  vote.     An  ejection.* 


*  See  ante  act  CXII,  page  482  the  act  which  grew  out  of  this  pro- 
position, the  act  for  expelling  lawyers  from  the  bar  met  with  serious 
opposition  from  the  Governor  and  council,  if  we  may  judge  from  the 
following  proceedings: 

The  answer  of  the  Governour  and  Council  to  the  House's  Message 

about  the  lawyers. 

The  ( Governor  and  Council  will  consent  to  this  proposition  so  farr  as 
it  shall  be  agreeable  to  Magna  Charta. 

ra.  CLAIBORNE. 
23  Martii,  1657. 

march,  25th,  1658. 

Proposed,  Whether  the  committee  should  draw  vp  a  reply  to  the  an- 
swer ot  (he  Governour  and  Council  of  the  23d  instant,  concerning  the 
proposition  about  lawyers. 

Resolved,  An  answer  should  be  drawn  vpp  by  the  comittee. 


496 


LAWS  OF  VIRGINIA, 


Ground  leaves.       PROPOSED  whether  ground  leaves  or  seconds  are 
merchantable  tobacco.- 

Resolved  they  are  not  merchantable  tobacco.  N.  31. 

Proposed  whether  old  debts  made  without  exclud- 
ing ground  leaves  may  not  be  satisfied  after  the  rate 
of  three  hundred  cleer,  to  pay  four  hundred  with  them. 
And  in  case  of  the  creditor's  refusall  the  debtor  to  pay 
one  hundred  in  400  in  ground  leaves  and  so  propor- 
tionably. 

Resolved  300  shall  pay  400,  or  the  residue  to  be  paid 
in  ground  leaves. 


Period  for 
planting  tob. 


PROPOSED  whether  any  tobacco  to  be  planted 
after  the  10th  of  July.f 

Resolved  none  shall  plant  tobacco  after  the  tenth  ot 
July. 

Proposed  what  pennalty  to  be  imposed  vpon  the 
person  or  persons  planting  after  the  said  tenth  of  July. 

Resolved  :  To  be  fined  tenn  thousand  pounds  of  to- 
bacco, 


Adjournnvt. 
or  dissolution 
"f  Assembly. 


PROPOSED  whether  this  Assembly  to  be  adjourn- 
ed or  dissolved. 


The  humble  reply  of  the  Burgesses  to  the  Governour  and  Comi 

cill. 

I.  Concerning  Lawyers.    2.  Concerning  the  manner  of  proceeding;^ 

in  law 

To  the  fust  wee  have  considered  Magna  Charta  and  wee  cannot  dis- 
cerne  any  prohibition  conteined  therein  but  that  these  propositions  may 
pass  into  lawes. 

It  was  resolved  in  two  former  Assemblves  that  it  was  not  onely  ne- 
cessary but  that  they  had  power  to  make  lawes  for  that  purpose,  as  ap- 
pears by  two  acts  of  Assembly  now  vpoii  record. 

The  first  whereof  stood  in  force  above  ten  yeares  and  the  later  addi- 
fion  was  added  in  1647.  which  acts  stood  in  force  vntill  the  last  Assem- 
bly, And  soe  we  humbly  conceive  that  wee  have  no  less  power  nor 
cause  to  make  the  like  lawes. 

*  See  ante  act  CXXH,  page  487 

+  Seo  ante  act  CXXM,  page  48P 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  497 

Resolved  to  be  adjourned  to  the  first  of  Novem- 
ber. 


PROPOSED,  whether  hides,  raw  or  tannd,  wooll  Exportation  of 

,  .  .  i        I  ■  i  jx  nidei,  wool, 

or  old  iron  should  be  exported.]:  &«. 

Resolved  they  shall  not  be  exported. 

Proposed  what  penalty  to  be  imposed  on  the  infring- 
ers of  that  lawe  prohibiting  exportation  as  in  the  last 
quaere. 

Resolved.  Confiscation  of  the  vessell  and  goods 
taken,  and  this  act  to  be  in  force  after  the  teuth  of  June 

next. 


PROPOSED,  Whether  all  propositions  and  1  awes  Subjects  to  be 
exhibitted   by   the  connltee  shall  be  first  treated  on  in  inthehouseof 
the   House  by  the  Burgesses  in  private  or  in  presence   burgesses. 
of  the  Governour  and  Council!. 

Resolved  by  a  generall  consent  that  they  shall  be 
first  discussed  among  the  Burgesses  only. 


March  the  30th. 

VPON  returne  of  the  petition  of  the  inhabitants  of  Cha's.  City 

the  north  side  of  the   river  in   Charles  Ciuie  county  be  divide?; l° 

from   the   comittee  to  the   house — It  is  ordered,  That  but2coun'sto 

the  countv  of  Charles  Citty  shall  not  be  divided,  but  beheld  in  it, 

■     .  ..  •  .•  i     /•      .1  /•  oneoutheN. 

that  it  remaine  one  entire  county  and   for  the  ease  ot  the  other  on 

the  people  that  there  shall  be  2  courts  kept  one  on  the  the '  s.  side  of 

South  side  where  it  is,  and  the  other  on  the  North  side  the  riTer 

by  turnes.     The  com'rs.  of  both  sides  to  assist  at  both 

courts  indifferently  :  And    each  side  of  the  river   to 

beare  the  charge  of  building  their  own  court  house  & 

prison. 

\  See  ante  act  CXXFV.  page  498. 

3   P 


495 


LAWS  OF  VIRGINIA, 


Reasons  for 
laying  a  duty 
on  tobacco  ex- 
ported, 


Salary  of  the 
governour. 


THIS  Grand  Assembly  taking  into  their  considera- 
tion the  inequality  ol*  raiseing  taxes  per  poll,  And  the 
small  encouragement  given  to  any  publique  endeavors 
by  reason  of  the  inconsiderable  value  of  levy  tobacco, 
It  is  therefore  ordered  that  two  shilingsper  hhd.  be  laid 
vpon  every  hhd.  of  tobacco  exported  out  of  this  coun- 
try,* out  of  which  money  so  to  be  raised  sixe  hundred 
pi  unds  sterling  to  be  paid  to  the  honourable  Samuel 
Mathewes,  Esquire,  Governour. 


Allowance  for 
accommoda- 
tion of  council 
lois  at  q'r 
courts  <jj  as- 
semblies re- 
scinded. 


March  31st,  1658. 

WHEREAS  in  the  proportion  of  the  publique 
charge  there  is  specified  an  allowance  of  two  hunr.red 
pounds,  for  accomodation  of  the  councellors  at  quar- 
ter courts  and  Assemblies  it  is 

Proposed,  Whether  any  thing  shall  be  allowed  the 
councellors  for  their  acomodation  or  not. 

Resolved  by  the  first  vote  nothing  to  be  allowed 
them. 


Proposition  to 
reduce  the 
number  of 
burgesses  to 
two  for  each 
county  ne- 
gatived. 


PROPOSED,  If  the  Burgesseschargeis  paid  out  of 
the  publique  levy  on  the  tobacco  exported,  whether  it  be 
not  necessary  to  restraine  the  countyes  to  the  election 
of  onely  two  out  of  a  county. 

Resolved  by  the  ffirst  vote,  that  there  shall  be  al- 
lowed to  each  county  the  ffreedom  to  elect  as  many 
Burgesses  as  formerly. 


Middletown 
parish  estab- 
lished. 


April  the  first,  1658. 

VPON  the  petition  of  the  inhabitants  of  Middle 
Plantation  and  Harrop  parishes,  It  is  ordered,  That 
both  of  them  be  henceforth  incorporated  into  one  parish 
which  is  to  be  called  the  parish  of  Middletowne  and 
the  bounds  of  the  same  to  be  those  already  includeing 
both  the  aforesaid  former  parishes. 


See  act  CXXV1II  of  last  session,  which  grew  out  of  this  resolu- 


tion. 


MARCH,  1657-8 — 9th  OF  COMMONWEALTH.  49j» 

[Pursuant  to  the  CXVIIIth  act  of  the  last  session, 
commissions  of  denization  issued  to  William  YV ester- 
house,  George  Hacke,  Lambert  Grooten.  Minor  Dow- 
das  and  John  Abraham,  all  Dutchmen  ;  and  a  commis- 
sion of  naturalization  to  William  and  John  Custis,  born 
of  English  parents.     See  Rand.  MS.  pa.  240.] 


James  Citty,  Aphil  the  1st.  1G58.* 

THE  Governour  and  Councill  for  many  important  a  dissolution 
causes  do  think  fitt  hereby  to  declare,  That  they  do  "r  ,1,e  Assem 
now   disolve   this  present    Assembly,    And    that   the  bly  wrderpd 
Speaker  accordingly  do  dismiss  the  Burgesses. 

SAMUEL  MATTHEWES. 

W  :  CLAIBORNE. 

Subscribed, 

Thomas  Pettus, 

Obedience  Robins,  Henry  Perry, 

John  Walker,  Nathaniel  Bacon, 

Geo  :  Reade,  ffrancis  Willis. 
William  Bernard, 


The  Answer  of  the  Burgesses  to  the  declaration  of  the 
Honourable  Governour  and  Council. 

THE  House  humbly  presenteth,  That  the  said  diso-  Answer  of 

Union  as  the  case  now  standeth  is  not  presidentall  nei-  dcnvMnJ the" 

tber    legall    according  to    the    lawes,   now    in    force,  power  of 

Therefore  wee  humbly  desire  a  revocation  of  the  said  the  gov. and 

declaration,  especially  seeing  wee  doubt  not  but  spec-  ^""lve then? 


*  These  proceedings  commence  in  page  242,  of  the  Rand  MS.  after 
the  names  of  tin-  Inn  gesses  returned  to  serve  in  the  session  of  March 
•8-0,  which  may  be  found  in  pai^e  226  But  there  is  no  difliculty 
iii  referring  this  contest  to  the  session  of  March,  1657-8:  for  it  will 
In-  seen  thai  "John  Smith,"  who  signed  the  answer  of  the  House  of 
Burgesses,  trai  Speaker  in  the  session  of  1657-8,  whereas  "Edward 
Hill "  w.is  Speaker  in  the  session  of  1658-9 — Besides,  on  comparing 
the  naaes  of  the  Burgesses,  it  will  be  found,  that  th<>  two  assemhlif 
were i  omposed  <>l   rery  tltffrrent  uienibers. 


iOO  LAWS  OF  VIRGINIA, 

dily  to  finish  the  present  affaires  to  the  satisfaction  of 
your  honour  and  the  whole  country. 
Subscribed, 

JOHN  SMITH,  Speaker. 


Votes  of  the         VPON  which  transactions  (worne  out*) 

upon"!  Cre  being  but  three  monthes  absent,  It  was 
voted  vnanimously,  That  no  Burgesse 
and  if  any  shall  depart,  That  he  shall  be  censured  as  a 
person  betraying-  the  trust  reposed  in  him  by  his  coun- 
try, And  the  remaining  to  act  in  all  things  and  to  all 
intents  and  purposes  as  a  whole  and  entire  house,  And 
fftirther,  That  Mr.  Speaker  signe  nothing  without  the 
consent  of  the  major  part  of  the  house. 

Voted  further,  That  an  oath  of  secresy  be  adminis- 
tred  to  the  Burgesses  which  was  done  as  followeth. 

The  Oath. 

Oath  of  se-  You  shall  sweare  that  as  a  Burgesse  of  this  House 

crecy.  vou  sjia]l  noi  either  directly  or  indirectly  repeate  nor 

discover  the  present  or  future  transactions,  debates  or 
discourses  that  are  now  or  hereafter  shall  be  transacted 
or  debated  on  in  the  House  to  any  person  or  persons 
whatsoever  except  to  a  Burgesse  of  this  Assembly  now 
present  durting  the  time  of  this  present  session.  So 
help  you  God  and  the  contents  of  this  Booke. 

This  oath  taken  by  all  the  Burgesses  present. 


The  reply  of  the  honourable  the  Governour  and  CouncilL 

Reply  of  the         VPON  your  assurance  of  a  speedy  issue  to  conclude 

governor  and  tne  acts  so  near  brought  to  a  confirmation  in  this  As- 
council.  ri  mi.        .  1  i 

sembly,  wee  are  willing  to  come  to  a  speedy  conclu- 
sion, And  to  referre  the  dispute  of  the  power  of  di- 
solving  and  the  legality  thereof  to  his  Highnesse  the 
Lord  Protector ; 

Subscribed, 

SAMUELL  MATHEWES. 

Win.  CLAIBORNE,  Sec. 

Ja:  Cittie,  April  2d,  165S. 


So  marked,  in  the  MS. 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  50] 

Tlie  Answer  of  the  Burgesses. 

THE   House  is  vnanimously  of   opinion   that  the  Answer  of  the 
answer  returned  is  vnsatisfactory,  and  desire  with  as  burs<?sses  de- 
much  earnestnes  as    the   honourable  Governour  and  piTof^the^o5-" 
Councill  have  expressed  a  speedy  dispatch,  and  propose  vernor  and 
That  the  Governour  and  Councill  please  to  declare       council  unsa- 

*  tisiactory. 

The  House  remaines  vndisolved  that  a  speedy  pe- 
riod may  be  putt  to  the  publique  affaires. 

Subscribed, 

JOHN  SMITH,  Speaker. 
James,  Ap  :  the  2d,  1658. 


The  Reply  of  the  Governour  and  Councill.] 

VPON  your  promise  received  of  the  speedy  and  Further  reply 
happy  conclusion,  Wee  revoke  the  declaration  for  the  of  theg°v'r 
dissolution  of  the  Assembly,  And  referre  the  dispute 
of  the  power  of  dissolving  and  the  iegality  thereof  to 
his  Highnesse  the  Lord  Protector. 

Subscribed, 

SAMUELL  MATHEWES, 

Wm.  CLAIBORNE,  Sec. 


THE  House,  vnsalisfied    with  these   answers,  ap-  The  burgess- 
pointed  a  comittee  to  draw  vp  a  report  for  manifesta-  es>  still  unsa- 
tion  and   vindication  of  the  Assembly's  power  which  pojntacom. 
after  presentation  to  the  House  to  be  sent  to  the  Go-  mittee  to 
vernour  and  Councill,  These  vnderwritten  being  ap-  draw  up  a  re 

•    .     I  .i  ...„  *       solution  as- 

pointed  the  committee  :  ?erting  theil 

Coll.  John  Carter,  Mr.  Warham  Horsmenden,  Coll. 
John  Sidney,  Lev't.  Coll.  Thomas  Swann,  Major  Rich- 
ard Webster,  Mr.  Jerom  Ham,  Capt.  Wm.  Michell. 

The  same  comittee  is  by  the  House  impowered  to 
draw  vp  all  such  propositions  as  any  way  tend  to  or 
concerne  the  settling  the  present  affaires  of  the  coun- 
try and  government. 


as- 
i 
power. 


5o2 


LAWS  OF  VIRGINIA, 


Report  of  the 
'•ommittee. 


House  of  bur- 
gesses not  dis- 
solvable by 
an}'  power  in' 
Virginia. 


Fropusition 
For  appoint'g. 

governor  and 
•otincil. 


The  Report  of  the  Comittee  nominated  for  vindication 
andmanijettation  of  the  Assemblyes  P  wer. 

WEE  have  considered  the  present  consiitudon  of 
the  government  of  Virginia  and  do  propose,  That  wee 
find  by  the  records,  The  present  power  of  govern- 
ment to  reside  in  such  persons  as  shall  be  impowered 
by  the  Burgesses  (the  representatives  of  the  pr<  pie) 
who  are  not  dissolvable  by  any  power  now  extant  in 
Virginia,  but  the  House  of  Burgesses. 

They  humbly  thiuke  fitt  that  the  House  do  propose, 

Samuel  Mathewes,  Esquire,  to  remaine  Governour 
and  Capt.  Gen'll.  of  Virginia,  with  the  full  powers  of 
that  trust,  And  that  a  Councill  be  nominated,  appoint- 
ed and  confir;  I  by  the  present  Burgesses  convened,, 
with  the  asistance  of  the  Governour  for  his  advice. 


Vpon  zohich  Report  was  drawne  vp  this  Declaration. 

Declaration  of  THE  Burgesses  takeing  into  consideration  the  ma- 
the house, that  ny  letts  and  obstructions  in  the  affaires  of  this  Assem- 
tiieyiiavem       jY         ^  conceiveinsj  that  some  persons  of  the  present 

themselves  the         J        .  P  •  i     • 

full  power  of     councell  endeavour  by  setting  vp  their  own  power  to 
«he  election       destroy  the  apparent  power  resident  only  in  the  bur- 
aii  officers.    gessegj  ,epresentatives  of  the  people,  as  is  manifest  by 
the  records  of  the  Assembly  : 

Wee  the  said  Burgesses  do  declare,  That  we  have 
in  our  selves  the  full  power  of  the  election  and  appoint- 
ment of  all  officers  in  this  country  vntill  such  time  as 
wee  shall  have  order  to  the  contrary  from  the  supreme 
power  in  England,  All  which  is  evident  vpon  the  As- 
sembly records. 

And  for  the  better  manifestation  thereof  and  the 
present  dispatch  of  the  affaires  of  this  countrey  we  de- 
clare as  followeth  : 


Not  dissolva- 
ble by  any 
power  in  Vir- 
ginia but  theii 
own. 

Samuel   Ma- 
thewea  ap- 
pointed gov. 


That  wee  are  not  dissolvable  by  any  power  yet  ex- 
tant in  Virginia  but  our  owne,  That  all  former  elec- 
tion of  Governour  and  Councill  be  void  and  null  ;  That 
the  power  of  governour  for  the  future  shall  be  con- 
ferred on  Coll.  Samuel  Mathewes, Esq.  who  by  vs  -Lill 
be  invested  with  all  the  just  rights  and  priviledges  be- 


MARCH,  1657-8— 9th  OF  COMMONWEALTH.  503 

/onging  to  the  Governour  and  Capt.  General!  of  Virgi- 
nia, and  that  a  councill  shall  be  nominated,  appointed  Council  how 
and  confirmed,  by  the  present  burgesses  convened  (with  a''?om  ef 
the  advice  of  the  Governour,  for  his  assistance,)  And 
that  for  the  future  none  bee  admitted  a  councellor  but 
such  who  shall  be  nominated,  appointed  and  confirmed 
by  the  house  of  Burgesses  as  aforesaid,  vntill  further 
order  from  the  supreame  power  in  England. 

Subscribed, 

JOHN  SMITH  Speaker. 


By  the  Grand  Assembly. 

THESE  are  in  the  name  of  his  Highncsse  the  Lord  Order  to  the 

Protector  to  will  and  require  you  not  to  act  or  execute   ,,g  J.,   ,    of 

1         J  Jas.Cityu 

any   warrant,  precept   or   command    directed   to  you  Sergt.atarms, 
from  any  other  power   or  person  then  the  Speaker  of  to  obey  no 
this  hon'ble.  House,  whose  commands  you  are  hereby  ^tluallt  "c 

i  /•  mi     *"OM.  Signed 

required  to  obey  and  not  to  decline   therefrom    vntill  by  the  speaker 
further  order  from    vs    the   Burgesses  of  this    present 
Grand  Assembly,  hereof  faile  not  as  you  will  answer 
the  contrary  at  your  peril).     Given  2d  Apr.  53. 

Sigued, 

JOHN  SMITH,  Speak'r. 

Directed  to  Capt.  Robert  Ellison,  High 
Sheriff  of  James  Citty  County  and 
Serjeant  at  Armes  for  this  present 
Grand  Assembly. 


IT  is  ordered,  That  whereas  the  supreame  power  of  The  secretary 
this  country   of  Virginia  is  by  this   Grand  Assembly  °^ta*f  j,"ect" 
declared  to  be  resident  in  the  Burgesses,  the  representa-  the  public  re 
tives  of  the   people,  That  in  referrence  and  obedience  C0li|s  to  the- 
thereto  Coll.  William  Claiborne  late  secretarie  of  state  sPeak'" 
forthwith  surrender  and  deliver  the  records  of  the  coun- 
try into  the  hands  of  the  Speaker  of  this  present  Grand 
Assembly. 

Coll  Claiborne  beinjjsent  for  by  the  sergeantat  armes 
there  was  drawen  vp  the  nextensueiug  order. 


504 


LAWS  OF  VIRGINIA, 


Committee 
appointed  to 
receive  them. 


Whereas  it  hath  been  ordered  by  this  present  Grand 
Assembly,  That  Coll.  William  Claiborne  late  secretarie 
of  state  should  deliver,  vppon  oath,  all  the  records  con- 
cerning this  country  of  Virginia  or  any  perticular  mem- 
ber thereof  vnto  this  present  Grand  Assembly,  These 
are  to  impower  &,  authorize  Coll.  John  Carter  and  Mr. 
Warham  Horsmenden  10  receive  the  same  in  the  name 
and  behalfe  of  the  aforesaid  Grand  Assembly,  and  for 
such  records  as  they  shall  receive  to  give  the  said  Coll. 
Claiborne  a  full  receipt  and  discharge. 


Oath  of  go- 
vernor. 


Ciovernor  &i 
council  ap- 
pointed, 


April  the  3d,  1658. 

THE  comittee  appointed  for  manifestation  of  the 
countreys  power  did  this  day  by  order  of  the  house 
present  to  the  Governor  the  forme  of  the  oath  to  be 
taken  by  him  and  the  Councill,  which  by  him  was  ap- 
proved and  a  list  of  those  he  desired  to  be  of  hi^ 
councill  presented  by  him  to  the  house. 

The  Oath. 

I  doe  sweare  that  asGovernour  and  Capt.  Gen'll.  of 
Virginia,  I  will,  from  time  to  time  to  the  best  of  my 
vnderstandingand  conscience  deliver  my  opinion  in  all 
cases   for  the    good  and  wellfare  of  this  plantation  of 
Virginia,    And  I  do    also  swear   that  as  a  minister  of 
justice  in  Virginia,  I  will,  to  the  best  of  my  judgment 
and  conscience,  do  equal  I  right  and  justice  vnto  all  per- 
sons in  all  causes  when  I  shall  bee  therevnto  called,  ac- 
cording to  the  knowne  laws  of  England  or  acts  of  As- 
sembly which  are  or  shall  be  in  force  for  the  time  being 
without  favour,  affection,  partiality  or  malice  or  any 
by  respect  whatsoever,  Neither  will  1,  directly  or  in- 
directly give  councell  or  advice  in  any  cause  depend- 
ing before  me,  So  help  me  God. 

The  names  of  the  Councellors  nominated  by  the  Gover- 
nour  and  approved  by  the  Hovsc* 

S:  Coll.  Samuell  Matthewes,  Esq'r.  Governour  and 
Capt.  Gen1!!,  of  Virginia. 


Richard  Bennett, 
Coll.  Win.  Chuborne, 
Secretary  of  State, 


Coll.  John  West, 
S :  Coll.  Tho's.  Pettus. 


! 


MARCH,   1657-8— 9th  COMMONWEALTH. 

Coll.  Hill,  S  :  Coll.  Obedience  Robins, 

Coll.  Thomas  Dew,         Capt.  Henry  Perry, 
S  :  Coll.  Win.  Bernard, 

Le'tt.Coll.  John  Walker,  J 
S  :  Coll.   George  Reade,  >    Esquires. 

Coll.  Abraham  Wood,         ) 
Coll.  John  Carter, 
Mr.  Warham  Horsmenden, 
Le't.  Coll.  Anto.  Ellyotte. 

These  3  last  not  to  be  sworne  vntill  the  dissolution 
of  the  Assembly. 

These  marked  in  the  margent  with  the  letter  S : 
where  then  sworne  in  the  forme  expressed,  their  titles 
onely  changed. 


ATT    A 
HELD    AT    JAMES    CITTY,    MARCH    THE    1st.    1658-9.* 


505 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  EsqJ] 


KFThe  MS 
from  which 
•  he  acts  of 
(hist  session 
were  printed, 
is  now  in  the 
library  of 
Congress,  at 
Washington 


THE  Burgesses  of  the  several  counties  being  re- 
turned by  the  SherrirTes  and  this  day  makeing 
their  appearance  in|  the  House,  there  was  by  the  vna- 
nimous  vote  of  all  then  present  (being  thirty  in  num- 
ber) choson,  Coll.  Edward  Hill,  Speaker,  and  being 


*  This  is  dated  simply   1658,  in  the  MS  ;  but  from  many  obvious 
circumstances,  it  is  here  placed  as  1658-9.     These  are,  the  different 
speakers  at  this  session  and  the  last  ;  the  change  in  the  members 
and  the  subject  matter  of  the  laws  and  resolutions  passed 

3Q 


,06 


LAWS  OF  VIRGINIA, 


by  them  presented  to  the  Governour  from  him  receiv- 
ed approbation.! 


The  names  of  the  Burgesses  for  the  respective  Counties 

this  Assembly. 


Coll.  Edward  Hill,  Speaker. 


For  Henrico  County. 
Mr.  William  Hatcher, 

For  Charles  Citty  County. 

The  Speaker. 

Mr.  War'm  Horsmenden, 

James  Citty  County. 

Mr.  Walter  Chiles, 
Capt.  William  Whittacre, 
Capt.  Thomas  Foulke, 
Capt.  Matthew  Edlowe, 

Sui'ry  County. 

Capt.  Geo  :  Jordan, 
Mr.  Thamas  Warren, 
Capt.  Wm.  Cawfeild, 

Isle  of  Wight  County. 

Coll.  Robert  Pitt, 
Major  John  Bond, 
Capt.  English, 
Mr.  James  Pyland. 

tapper  Norfolke. 

Leift.  Coll.  Ed'w  Carter, 
Capt.  Thomas  Goodwyn, 
Mr.  Giles  Webb. 


Lower  Norfolke, 

Capt.  John  Sidney, 
Mjor  Lemuel  1  Mason. 

Warwick  County. 
Mr.  John  Harlowe. 

Elizabeth  Cittie  Countie. 

Mr.  William  Batte, 
Mr.  fflorentine  Paine. 

Yorks  County. 

Nathaniel  Bacon,  Esq'r. 
Major  Joseph  Crowshaw. 
Mr.  Thomas  Bushrod, 
Mr.  William  Hay. 

New  Kent  County. 
Mr.  William  Blacke. 

Lancaster  County. 

Coll.  John  Carter, 
Mr.  Hen  :  Corben. 

Rappahannock  County. 

Coll.  Moore  flantlcrov, 
Mr.  John  Weye. 


t  To  give  some  idea  of  the  parliamentary  forms  observed  at  this 
period,  most  of  the  proceedings  of  this  session,  which  are  much 
more  regular  than  those  of  any  preceding  one,  will  be  inserted 


MARCH,  1658-9— 10th  OF  COMMONWEALTH.  507 

Glocester  County.  Northampton  County. 

Capt.  (Francis  Willis,  Coll.  John  Stringer, 

Capt.  Augustine  Warner.      Mr.  William  Jones. 

Northumberland  County. 

George  Collclough. 


WHEREAS  Coll.  Moore  ffantleroy  not  being  pre-  Moore  Fantie- 

sent  in  the  House  at  the  election  of  the  Speaker  mov-  roy,  a  member, 

cd  against  him  as  if  clandestinely  elected  and  taxed  contempt to°r 

the  House  of  vnwarrantable  proceedings  therein,  It  is  the  house. 
ordered,  That  the   said  Coll.  ffantleroy  be  suspended 
vntill  to-morrow  morning,  when  vppon  his  submission 
he  may  be  readmitted. 

The  House  adjourned  vntill  Tuesday  morning. 


MARCH  the  8th,  1658-9. 

THE  House  being  mett,  Coll.   Fantleroy  acknow-   Fantieroy  re- 
ledging  his  error,  was  re-admitted  and  the  order  for  admitted, 
suspension  reversed. 


Orders  for  observation  of  good  order  in  the  House  being 
this  day  read  are  generally  assented  to  and  ordered 
to  be  recorded. 

ORDERS  IN  THE  HOUSE.* 


Absence. 


1.  That  no  Burgesse  shall  absent  himselfe  from  at- 
cndance  on  the  House  without  leave  first  obteined  (vn- 
lesse  prevented  by  sicknesse)  when  any  matter  shall  0rdci 
be  debated  of;  But  that  every  member  shall  keepe 
good  order,  and  give  due  attention  to  the  reading  or 
debateing  of  whatsoever  shall  be  proposed  or  present-    ».■.„„  , 

.-   =>  .  riTixii  Address  to 

cd  to  the  consideration  ot  the  House:  And  that  every  the  speaket 

Burgesse  shall,  with  due  respect,  addresse  himselfe  to 

Mr.  Speaker  in  a  decent  manner,  And  not  entertaine 


*  These  rules  were  the  first  which  appear  to  have  been  adopted, 
and  agree  almost  verbatim  with  the  first  five  adopted  at  the  aejsion  of 
1<564.     See  Burk's  Hist.  Virg.  vol.  2,  pa    138,  note. 


503 


LAWS  OF  VIRGINIA, 


Penalty  for 
absence. 


Intoxication, 
penalties  for. 


Member 
speaking-,  to 
rise  from  his 
seat,  and  be 
uncovered  ; 
and  hoc  inter- 
rupted. 

No  personality 
to  a  member, 
permitted. 


any  private  discourse,  while  the  publique  affairs  are 
treated  off. 

2.  That  any  member  of  this  house  for  everie  time 
of  his  absence  vpon  call  of  the  clerke  shall  forfeit 
twenty  pounds  of  tobacco  to  be  disposed  of  by  the  ma- 
jor part  of  the  house  vpon  every  Saturday  in  the  after- 
noon, lawfull  impediments  excepted. 

3.  That  the  first  time  any  member  of  this  house  shall 
by  the  major  part  of  the  house  adjudged  to  be  disguis- 
ed with  overmuch  drinke  he  shall  forfeit  one  hundred 
pounds  of  tobacco,  and  for  the  second  time  he  shall 
be  soe  disguised,  he  shall  forfeit  300  of  tob'o.  and  for 
the  3d  offence  1000  lb.  tobacco. 

4.  That  vpon  debate  of  any  thing  proposed  by  the 
Speaker,  The  party  that  speaketh  shall  rise  from  his 
seale  and  be  vncovered*  dureing  the  time  he  speaketh, 
wherein  no  interruption  shall  be  made  vntill  he  have 
finished  his  discourse,  vpon  the  penalty  of  one  hun- 
dred pounds  of  tob'o. 

5.  That  no  irreverent  or  indigne  forme  of  speech  be 
vttered  in  the  House  by  any  person  against  another 
member  of  this  House,  vpon  the  penalty  of  ffive  hun- 
dred pounds  of  tobacco,  The  House  to  be  judge  there- 
in and  the  severall  ffines  to  be  disposedof  by  the  House 
as  abovesaid. 


Message  to  the 
gov.  request- 
ing tbe  attend- 
ance of  some 
members  of 
the  council  to 
qualify  the 
burs-esses . 


Oatli  of  a 
member  of 


COLL.  John  Sidney  was  ordered  by  the  House  to 
go  to  the  Governour  and  request  the  appointment  of 
some  of  the  Council  to  administer  the  oath  to  the  Bur- 
gesses, wherevpon  were  sent  Col).  William  Claiborne, 
Coll.  William  Bernard  and  Coll.  Thomas  Dewe,  who 
administred  the  oath  to  the  Burgesses  in  forme  fol- 
lowing. 

The  Oath. 

You  and  every  of  you  shallswcar  vpon  the  holyEvan- 
gelist  and  in  the  sight  of  God  to  deliver  your  opini- 


*  It  would  seem,  from  this  rule,  that  the  members  sat  in  the  house 
with  their  hats  on,'according  to  the  practice  now  pursued  in  the  House 
of  Representatives  of  the  Congress  of  the  United  States. — In  the  legis- 
lature of  Virginia,  at  this  day,  all  the  members  of  each  branch  sit  un- 
cover td. 


MARCH,  1658-9— 10th  OF  COMMONWEALTH. 


509 


oris  faithfully,  justly  and  honestly  according  to  your  the  house  of 
best  vnderstanding  and  conscience  for  the  generall  bu,'Sesses- 
good  and  prosperity  of  this  country  and  every  perti- 
cular  member  thereof,  And  to  do  your  vtmost  endea- 
vour to  prosecute  that  without  mingling  with  it  any  per- 
ticular  interest  of  any  person  or  persons  whatsoever. 
So  helpe  you  God  and  the  contents  of  this  booke.  _ 


Post  JSIcrediem. 

COLL.  Collclough  and  Giles  Webb  were  sent  by  Message  to 

the  House  to  acquaint  the  Governour's  honour  that  the  !,  e?ov' 

"  .  the  house 

house  attended  his  pleasure  ;  Who  comeing  in  caused  wore  ready 

a  letter  directed  to  him  and  the  councill  to  be  read.  to  receive 

him. 


The  Letter 


Duplicate. 


Gentlemen,  His  late  Highnesse  the  Lord  Protector' 
from  that  gennerall  respect  which  he  had  to  the  good 
and  safely  of  all  the  people  of  his  dominion,  Whether 
in  these  nations  or  in  theEnglish  plantations  abroad  did 
extend  his  care  to  his  collony  in  Virginia,  The  present 
condition  and  affaires  whereof  appearing  vnder  some 
vnsettledness  through  the  loosness  of  the  government, 
The  supplying  of  that  defect  hath  been  taken  into  se- 
rious consideration  and  some  resolutions  past  in  order 
therevnto  which  we  suppose  would  have  been  brought 
into  act  by  this  time  if  the  Lord  had  continued  life  and 
health  to  his  said  Highnesse;  but  it  hath  pleased  the  Lord 
on  ffriday  the  third  of  this  moneth  to  take  him  out  of  the 
world,  his  said  highnesse  haveing  in  his  life  time  ac- 
cording to  the  humble  petition  and  advise  appointed 
and  declared  the  most  noble  and  illustrious  Lord^  the 
Lord  Richard,  eldest  sonne  to  his  late  Highnesse  to  be 
his  successor,  who  hath  been  accordingly  with  genne- 
rall consent  and  applause  of  all  proclaimed  protector  of 
this  Common-Wealth  of  England,  Scotland  and  Ire- 
land and  the  dominions  and  territories  therevnto  be- 
longing, And  therefore  wee  have  thought  fitt  to  signi- 
fie  the  same  vnto  you,  whom  wee  require  according  to 
your  duty  that  you  cause  his  said  highnesse  Richard, 
Lord  Protector,  forthwith  to  be  proclaimed  in  all  parts 


Gov.  attend- 
ing, communi- 
cated a  letter 
from  the  pre- 
sident of  the 
council  of  the 
late  protector. 
Protector's 
solicitude  for 
the  colony. 
Resolutions 
relating  therr- 
to  frustrated 
by  his  death 


Time  of  Crom 
well's  death 


His  sou 
Richard  no- 
minated his 
successor,  & 
proclaimed 
according!) 
in  England, 
Scotland  and 
Ireland  ;  &.  a 
request  that 
he  might  be 
proclaimed 
in  Virginia 


510 


LAWS  OF  VIRGINIA, 


Assurances 
of  the  council 
as  to  the  per- 
manent go- 
vernment of 
the  colony. 
Exhortation 
to  pursue 
their  former 
course ; 
to  preserve 
peace  &i  pro- 
mote religion. 


Further  as- 
surances. 


of  your  collony,  And  his  Highnesse  Councill  have 
thought  fitt  hereby  to  assure  you  that  the  settlement  of 
that  collony  is  not  neglected  and  to  lett  you  know  that 
you  may  expect  shortly  to  receive  a  more  expresse  tes- 
timony of  his  Highness  care  in  that  behalfe;  till  the 
further  perfecting  whereof,  their  Lordships  do  will  and 
require  you  the  present  Governour  and  Councill  there 
to  apply  yourselves  with  all  seriousness,  faithfullnesse 
and  circumspection  to  the  peaceable  and  orderly  ma- 
nagement of  the  affaires  of  that  collony  according  to 
such  good  lanes  and  customes  (not  repugnant  to  the 
lawes  of  England)  as  have  been  heretofore  vsed  and 
exercised  among  you  improveing  your  best  endeavors, 
as  for  maintaining  the  civil  peace,  so  for  promoteing 
the  interest  of  religion,  wherein  you  will  receive  from 
hence  all  just  countenance  and  encouragement,  And  if 
any  person  shall  presume  by  any  vndue  vvayes  to  inter- 
rupt the  quiet  or  hazard  the  safety  of  his  Highnesse 
people  there,  Order  will  be  taken  (vpon  the  represen- 
tation of  such  proceedings)  to  make  further  provision 
for  secureing  of  your  peace  in  such  a  way  as  shall  be 
found  meet  and  necessary,  and  for  calling  those  to  a 
strict  acco't.  who  shall  endeavour  to  disturbe  it. 


Signed  in  the  name  and  by  the  order  of  the  Councill, 
HE  :  LAWRENCE,  Presid't.* 

Whitehall,  7th  September,  1658. 

Superscription. 


To  the  Governour  and  Councill  of  his 
Highnesse  Collony  of  Virginia. 


*  In  (he  Harleian  Miscellany  (page  418,  of  the  last  quarto  edition) 
the  characters  of  several  persons  are  ludicrously  drawn,  who,  it  was 
baid,  meditated  the  formation  of  a  House  of  Lords,  during  the  protec- 
torship of  Cromwell,  and  who  themselves  were  to  be  members.  Amon;; 
others,  Henry  Lawrence,  who  occupies  the  third  place,  is  thus  de 
picted  : 

"  Henry  Lawrence,  a  gentleman  of  courtly  breed  &.  a  good  trench- 
er-man  ;  who,  when  the  bishops  ruffled  in  their  pride  and  tyranny, 
went  over  to  Holland,  afterwards  came  back  and  became  a  mem- 
ber of  the  long  parliament ;  fell  off  at  the  beheading  of  the  late 
king,  and  change  of  the  government,  for  which  the  protector,  then 
lieutenant  general,  with  great  zeal  declared,  "  That  a  neutral  spi- 
•'  rit  was  more  to  be  abhorred  than  a  cavalier  spirit,  and  that  such 


MARCH,  1658-9— 10th  OF  COMMONWEALTH. 


511 


THE   letter    being  read  was  proposed   whether  the  Proceedings 
House  should  have  time  to  debate  on  their  acceptance  oftnehouse 

,  ~   ,        ,  r  thereupon. 

and  approbation  ot  that  letter. 

Resolved  they  should  have  time  to  consider  of  it. 

In  referrence  to  which  the  Governor  and  Councill  Rich.Crom- 
departed  and  then  was  proposed,  whether  the  letter  in  *»u  «*°W' 
that   part  that    requires  obedience  to  his   Highnesse 
Richard,  Lord  Protector,  should  be  assented  to. 

Resolved  generally  and  vnanimously  in  the  affir- 
mative. 

2.  Whether  the  letter  sent  be  accepted  as  an  authen- 
tique  manifestation  of  their  Lordships'  intentions  for 
the  government  of  this  countrey. 

Voted — That  wee  owne  the  power  and  the  whole  His  power 
contents  thereof,  Alter  which  the  House  adjourned  recognized 
vntill  Wednesday  morning. 


MARCH  the  9th,  1658. 

THE  House  being  mett,  The  Speaker  declared  the 
intentions  of  the  Governor  and  Councill  in  tender  care 
of  the  good  of  this  country  to  assist  the  Assembly  in 
makeing  addresses  to  his  Highnesse  for  confirma- 
tion of  the  priviledge  granted  to  the  country  in  electing 

"  men  as  he  were  not  fit  to  be  used  in  such  a  day  as  that,  when 
"  God  was  cutting  down  kingship  root  and  branch  ;"  yet  came  in 
play  again,  upon  design,  in  the  little  parliament,  and  contributed 
mucli  to  the  dissolving  of  them,  as  also  setting  up  the  protector, 
and  settling  the  instrument  of  government,  and  a  single  person, 
affirming,  "  That  other  foundation  could  no  man  lay."  For  which 
worthy  services,  and  as  a  snare  or  bait  to  win  over,  or  at  least  quiet 
the  baptised  people,  himself  being  under  that  ordinance,  he  was 
made  and  continued  President  of  the  Protector's  Council,  where  he 
hath  signed  many  an  arbitrary  and  illegal  warrant  for  the  carrying 
of  hones  I  faithful  men  to  prisons  and  to  exile  without  causr,  unless 
their  not  apostatising  with  them  from  just  and  honest  principles. 
His  merits  are  great  and  many,  being  every  way  thorough-pared, 
and  a  great  adorer  of  kingship;  go  as  he  deterveth,  no  doubt,  and 
is  every  way  fit  to  be  taken  out  of  the  parliament,  to  have  the  third 
place  of  power,  and  negative  yoke  in  the  other  house  over  the  peo- 
ple of  these  lands."  See  also  ScobeU't  acts  part  2,  pa.  335,  where 
Henry  Lawrence  is  called  "Lord  President  of  his  Hiehness  Council." 


Gov.  sent  for 
anil  his  assist- 
ance request- 
ed in  obtaining 
a  confirmation 
of  'he  privi- 
leges of  the 
house. 


512 


LAWS  OF  VIRGINIA, 


He  acknow- 
ledges the 
supreme 
power  of  the 

assembly,  Si 
promises  his 
assistance  in 
procuring1  a 
confirmation. 


their  own  officers,  in  which  the  House  desired  to  be  sa 
tisfied  from  the  Governour's  owne  expressions.  In 
referrence  to  which,  Mr.  Bacon,  Mr.  Horsmenden, 
L't.  Coll.  Carter  and  Capt.  Fowke  were  sent  to  desire 
his  honor  to  come  to  the  House  and  affirme  it  which 
accordingly  he  did  as  followeth,vizt.  He  acknowledg- 
ed the  supream  power  of  electing  officers  to  be  by  the 
present  lawes  resident  in  the  Grand  Assembly,  And 
that  he  would  joyne  his  best  assistance  with  the  coun- 
trey  in  makeing  an  addresse  to  his  Highnesse  for  con- 
firmation of  their  present  priviledges,  And  that  for  this 
reason,  That  what  was  their  priviledge  now  might  be 
his  or  their  posterities  hereafter. 


Committee 
to  draw  up 
an  address  to 
Richard 
Cromwell. 


THE  committee  appointed  to  draw  vp  the  addresses 
of  the  country  to  his  Highness,  to  whom  were  added 
of  the  Councill,  Coll.  Wm.  Claiborne,  Coll.  John 
Walker,  Coll.  John  Carter,  Capt.  Francis  Willis,  Mr. 
Nathaniel  Bacon,  Mr.  Warham  Horsmenden. 


Committee 
for  private 

causes. 


The  Committee  for  Private  Causes. 

LE'T  Coll.  Edward  Carter,  Coll.  John  Sidney, 
Coll.  Moore  Fantleroy,  Mr.  Henry  Corbin,  Captain 
George  Jordan,  Major  Lemuel  Mason. 


Committee 
of  revisal 


The  Comittee  for  review  and  regulation  of  the  Acts, 
and  to  make  Report  of  the  inconveniencies  or  requi- 
site alterations. 

LE'T.  Coll.  John  Stringer,  Col.  Robert  Pitte,  Capt. 
William  Whittacre,  Major  Joseph  Crowshaw,  Mr. 
George  Collclough,  Mr.  William  Blacke. 


Wm.  Parry's 
petition  for 
'clipf  rejected. 


WILLIAM  Parry  tendring  a  petition  to  the  House 
for  a  reliefe  to  be  allowed  by  the  publique  in  regard 
of  his  losses  by  fire,  age  and  impotency  had  his  said 
petition  ejected. 


Certain  cap- 
*uins  of  vec. 


COMPLAINT  being   made   to  the  Assembly  b\ 
Le'r.  Coll.  Miles  Gary  and  Mr.  Henry  Corben  two  of 


MARCH,  1653-9— 10th  OF  COMMONWEALTH.  513 

the  collectors  of  the  imposition  of  two  shillings  per  hhd    sels  having 
That  Thomas  James,  master  of  the  AnVo.  of  London.  (r^1  ™*yt0J*y 
David  IVelldy,  master  of  the  shipp  belonging  to  South-  two  shillings  a 
ampton,  Mr.  Henry  Haines,  master  of  the  Rob't.  Capt.  hhd  oftobac- 
Peter  Wrox  all,  commander  of  the  Good  Will,  Mr.  Rick-  be'taLn  hito° 
ard  Sellacke,  master  of  the  Recovery  all  of  Bristoll,  custody. 
Mr.  Nicholas  Smith,  comander  of  the  Dolphin  of  Am- 
sterdam,* Mr   Samue.ll    Groom,  commander  of  the 
Dove,  And  Capt.  Richard  Husbands,  comander  of  the 
Recovery  of  London  refused  to  give  caution  for  pay- 
ment of  the   said  Levy  according  to  the  tenor  of  the 
act  in  that  case  provided  ;  It  is  ordered  that  Warrants 
issue   forth   vnder    the  hands  of  the  Governour  and 


•  It  is  a  melancholy  fact,  that  every  important  public  transaction 
in  Virginia,  from  the  commencement  of  the  commonwealth  of  En- 
gland to  the  restoration  of  Charles  the  second,  has  been  either  totally 
misunderstood  or  wilfully  misrepresented  by  all  the  English  historians. 
Even  Beverley,  who  was  nearer  the  scene  of  action,  and  from  whom 
more  accuracy  might  have  been  expected,  is  not  exempted  from  the 
general  charge.  Mr.  Burke,  the  first  historian  of  Virginia  who  seems 
to  have  been  disposed  to  give  a  correct  detail  of  the  events  of  that 
period,  has  been  compelled,  in  many  instances,  from  the  want  of^  ma- 
terials, to  substitute  a  rational  conjecture  for  positive  facts,  founded  on 
authentic  documents — He  states  that  neither  the  ordinance  of  1650, 
nor  the  act  of  1651,  for  imposing  restraints  on  the  commerce  of  the 
colonies,  took  eflect  in  Virginia  (Hist.  Vir.  vol.  2.  p.  120.)  Robertson, 
on  the  other  hand,  speaks  of  those  restrictions  as  in  full  operation,  and 
assigns  the  existence  of  them,  as  one  of  the  causes  which  confirmed  the 
Virginians  in  principles  of  loyalty  to  the  kiug,  and  rendered  them  im- 
patient to  shake  oft'  the  government  of  Cromwell.  (Robertson's  Hist. 
Amer.  vol.  4,  page  230.)  The  truth  is,  that  in  no  part  of  the  public 
records  of  Virginia,  during  the  existence  of  the  commonwealth,  is  the 
authority  of  the  above  mentioned  acts  of  parliament  recognized.  On  the 
contrary,  various  acts  of  the  general  assembly  prove,  ttiat  the  people 
of  Virginia  regulated  their  own  commerce— (see  particularly  acts  IX 
and  XVI  of  1659  60  ;)  and  the  appearance  of  so  many  vessels  in  theit 
ports,  among  which  wa§  one  from  Amsterdam,  is  quite  inconsistent 
with  the  idea  that  they  were  under  the  influence  of  those  regulations 
which  "  prohibited  all  mercantile  intercourse  between  the  colonies  and 
foreign  state*,"  and  which  provided  "that  no  productions  of  Asia, 
Africa  or  America,  should  be  imported  into  the  dominions  of  the  com 
monwealth,  but  in  vessels  belonging  to  English  owners,  or  to  the  peo- 
ple of  the  colonies  settled  there,  anil  navigated  by  an  English  com- 
mander, and  by  crews  of  which  the  greater  part  must  be  Englishmen." 
fSet  Robertson's  Hist.  Amer.  vol.  4,  pa.  229,  230.)  The  IXth  act  of 
1659  60.  is  expressly  founded  on  the  principle,  that  the  colonists  bv 
the  articles  ot  surrender,  were  entitled  to  a  free  trade  with  all  the 
world,  and  the  assembly  compel  every  captain  of  a  vessel  to  give  se 
•  urity  in  the  penalty  of  £  20<tf)  sterling,  that  he  will  not  molest  ant 
person  trading  here,  under  the  protection  of  the  laws  of  the  colon* 

3  R 


514 


LAWS  OF  VIRGINIA, 


Speaker  ffor  the  imediate  personall  appearance  of  the 
persons  abovesaid  before  them  and  the  Grand  Assem- 
bly. 

The  House  adjourned  vntill  Thursday  morning. 


Contested 
election  from 
Surry. 


Election  con- 
firmed. 


Haines  com- 
mitted for  re- 
fusing to  pay 
the  duty  of 
2s.  a  hhd. 


MARCH  the  10th,  1658. 

WHEREAS  certaine  persons  of  the  county  of 
Surry  complained  by  petition,  That  one  of  their  Bur- 
gesses was  vnduely  elected,  and  prayed,  That  Mr. 
Thomas  Warren  mightbe  admitted  to  implead  the  sher- 
riffe  for  his  return,  which  being  granted  and  the  said 
Mr.  Warren  averring,  That  there  was  no  fault  in  the 
sherriii'e,  The  election,  returne  and  Burgesse  were 
thereupon  all  approved. 

It  is  ordered,  That  Mr.  Henry  Haines  stand  comit- 
ted  vntill  he  give  bond  with  security  for  payment  of 
the  levy  of  two  shillings  per  hhd. 

The  remaining  part  of  .this  clay  and  the  eleaventh  and 
twelveth  being  spent  in  severail  propositions  and  mes- 
sages past  between  the  Governour  and  Councill. 


Message  to 
thf  gov'r.  and 
co  \m..i  on 
thi'  establish- 
ment oi  >he 
government. 


MARCH  the  13th,  1658. 

COLL.  John  Carter,  Mr.  Warham  Horsmonden  & 
Capt.  Francis  Willis,  Capt.  Warner,  Le:tt.  Coll. 
Carter  w^re  by  the  House  sent  to  the  Governor  and 
Council!  for  their  assent  to  the  last  proposition  con- 
cerning the  establishing  the  government. 


Answer  of 
the  gov'r.  and 
council. 


The  Governour  and  CouncilVs  Answer  to  the  Burgesses 

Proposition. 

To  shew  our  desire  and  complyance  for  the  peace  of 
the  co.Uony,  wee  shall  consent  till  the  pleasure  of  his 
Highness  be  further  signified. 


MARCH  1658-9— 10th  OF  COMMONWEALTH.  515 

Wherevpon  the  proposition  was  drawn  vp    into  an  Law  passed 

act  and  signed  by  the  Governour  and  Speaker  and  by  on  the  subJect 
beat  of  drum  proclaimed.* 

Whereas  Solomon  Martin  hath  scandalously  object-  Martin  corn- 
ed against  Coll.  Wm.  Bernard,  a  Councellor  ofState,  mitted  for 
that  he  could  make  his  servants  swear  what  he  would,  slnnder,0Sa 

rru         ti  ii  -ii  •  i  ht  •  number  of 

lne    House    hath    counted  the  said  Martin  to  prison  the  council, 
vntill  Monday  morning  for  his  offence. 


WHEREAS  order  for  patterning  the  land  of  the  The  Wiccaco- 
Wiccacomoco  Indians  in  Northumberland  county  vpon  moco  Indians 
the  said  Indians  desei  ting  the   said   land  was  granted  h? jj^? d,eSe!| ** 
to  the  honourable  Samuel  Mathewes,  Esq.  Governour,  &,  reded  it  to 
&c.  the  twenty-seaventh  day  of  November,  1657,  and  Sam'i  Ma- 
confirmed  by  another  order  of  the  quarter  court,  dated  Irani5  confirm- 
the   eleaventh  of   March,   1658,  and   that   grounded  ed. 
vppon  the  desire  of  the  said  Indians  to  surrender  the 
same  to  his  honour,  The   Assembly   hath  thought  fitt 
to  ratifye  the  said  grams,  and  do  hereby  confirme  the 
same,  Provided  that   no  intrenchment  be  made  vpon 
any  preceding  rights  of  Coll.  Richard  Lee.     * 


MARCH  the  15th,  1658. 

PROPOSED,  Whether  Coll.  John    Carter,   Mr.  New  election 

Warham  Horsmonden  and  Le'tt.  Coll.  Auto.  Elliottf  of  certain 

.-__  _-._  -.  mi  l  tlr  I  I  lilt- 


councillor. 


should,  by  vertue  of  their  last  election  continue  coun- 
cilors or  be  referred  to  a  further  confirmation. 

Resolved  that  they  should  be  referred  to  a  new  el- 
lcction. 


TO  the  quere  of  the  Governour  and  Councill  refer-  The  gov.  and 
red    to    the    consideration  of    the    Assembly,  March  |hT advice  of 


"  This  was  probably  art  I.  of  the  preRpnt  session,  by  which  the  go- 
vernor awl  council  ;ire  appointed,  and  the  mode  of  election  and  te- 
nure of  their  offices  prescribed,  till  the  pleasure  of  his  highness  shall 
be  known. 

I  Thea«  were  the  three  last  elected  at  the  session  of  March,  1657-8 


516 


LAWS  OF  VIRGINIA, 


(he  assembly 
as  to  the  right 
of  appeal  in  a 
certain  case. 


Judgment  of 
Surry  court 
reversed  for 
giving  a  law 
an  ex  post 
facto  opera- 
tion. 


the  11th,  1658,  in  causa  Elizab :  Perry  vs.  Thomas 
Davies,  After  long;  suite  judgment  given,  execution 
served,  A  new  suite  is  againe  renewed  by  Davis  in 
chancery,  And  then  Davis*  appealing  to  the  Assembly 
whether  his  appealemustbe  allowed,  hee  neither  charg- 
ing the  court  with  error,  injustice  or  partiality. 


VPON  the  petition  of  Coll.  Henry  Browne  shew- 
ing, That  he  was  impleaded  by  John  Jennings,  over- 
seer of  the  estate  of  Robert  Morslay,  dec'd.  to  reco- 
ver a  debt  without  ground  leaves  which  was  made  for 
tobacco  then  merchantable  att  the  date  of  the  bill, 
And  Surry  county  court  haveing  granted  an  order  for 
payment  of  the  said  debt  in  tobacco  cieer  of  ground 
leaves,  according  to  the  tenor  of  the  act  of  Assembly 
now  in  force,  It  is  ordered,  That  the  order  of  Surry 
county  court  be  reversed;  And  that  the  said  Jennings 
forthwith  repay  vnto  the  said  Coll.  Browne  the  over- 
plus of  the  tobacco  and  caske  received  by  vertue  of 
the  said  order  of  Surry  court  with  costs  als.  exec'on. 


ATT    A 


held  at  James  Cittie,  March  7,  1658-9, 


ID'  The  MS 
from  which  the 
acts  of  this 
session  were 
printed,  is  now 
in  the  library 
of  Congress,  a  I 
Washington. 


Samuel  Ma- 
thewes  elected 
gov.  for  two 
years. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son  Peyton  Randolph,  Esq. 
after  whose  death,  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.] 

ACT  I. 

IT  is  enacted  and  confirmed  by  the  Governour,  Coun- 
cil and  Burgesses  of  this  present  Grand  Assembly, 
That  the  honourable  Coll.  Samuell  Mathewes,  Esquire. 


*  "  Daines"  in  the  MS.  but  evidently  a  mistake 


MARCH,  1658-9— 10th  OF  COMMONWEALTH. 


51' 


Bee  the  Governour  and  Cape.  Gennerall  of  Virginia  for 
two  yeeres  ensueing,  and  then  the  Grand  Assembly 
to  elect  a  Governour  as  they  shall  think  fitt,  the  per- 
son elect  being  then  one  of  the  Councell,  And  it  is  fur- 
ther enacted,  That  the  present  Councell  shall  be  the 
Councell  of  State,  the  Assembly  reserveing  to  them- 
selves a  just  exception  against  any  one  perticular  Coun- 
cellor  ;  But  for  the  future  the  Councellors  to  be  fixt 
dureing  life  except  in  case  of  high  misdemanors,  And 
of  this  the  Grand  Assembly  to  be  the  onely  judge, 
And  it  is  moreover  ordained  by  the  authoritie  aforesaid, 
That  the  Governour  shall  have  priviledgeto  nominate 
the  future  councellors,  and  the  Burgesses  according  to 
their  discretion  to  elect,  And  this  act  to  be  of  force 
vntil  his  Highness  pleasure  be  further  signified. 


Provision  foi 
another  elec- 
tion. 

Council  of 
state. 


Tenure  of 
their  office  in 
future. 
Members  of 
council  to  be 
nominated  by 
gov.  k.  elected 
by  burgesses. 
Limitation  of 
act. 


ACT  II. 

Concerning  conveneing  of  Assemblies. 

WHEREAS   by  act  of  this   present  Assembly,  It  Assembly, 
is  provided,  That  the  Assembly  should,  at  the  end  how  convene* 
of  two    yeeres  elect  a  Governour,  but   no  provision 
therein   made  for   convention  of  an  Assembly  at  that 
time  to  make  the  said  election,  It  is  proposed  that  the 
Governour  shall  issue  forth  his  summons  in  January 
preceeding  March,  which    shall   be  from    hence    two 
yeares,  and  in  case  the  Governour  at  the  time  appoint- 
ed shall   omitt  the  sending  forth  such  summons,  then 
that  by  the  tenth  of  ffebruary,  the   Secrettarie  for  the 
time  being  shall  send  forth  writtes  for  election  of  Bur- 
gesses, and  in  case  the  secretary  shall  neglect,  then  the   Session  the 
sherriffe,  by  his  owne  power  to  convene  the  people  (by   10(h  0l  Marcl 
the  20th  of  ffebruary)  to  elect  Burgesses  for  the  next  years. 
Assembly,  which  of  course  is  to  beginn    the  tenth  of     GovV.omj 

March  everie  two  yeeres,  reserving  a  power  to  the  Go-  convene  ,n 
J  '        it  i     •  case  °' L'"' 

vernour  to  convene  an  Assembly  sooner  vpon  the  inter-  gencv. 

veneing  of  any  important  occasion. 


ACT  III. 

How  to  know  a  Runnaway  Servant. 

WHEREAS  the  act  for  runnaway  servants  appoints   The  hair o 
onely   the   punishment  of  the  said  servants  and  the   ""»"wa.v  ?*" 


51S 


LAWS  OF  VIRGINIA, 


vanttobccut    pennaltie  of  entertaineing  them,   but  provides  no  way 
close  above       for  t<ie  discovery  of  them,  It  is  enacted  and  ordained  that 

his  ears.  .  ,,     J     .  '  ... 

the  master  ol  everie  sucli  runnaway  shall  cutt  or  cause 
to  be  cutt,  the  hair  of  all  such  runnawayes  close  above 
their  ears,  whereby  they  may  be  with  more  ease  disco- 
vered and  apprehended. 


Indians  per- 
mitted Jo  use 
their  own 
guns  and  am- 
munition. 


ACT  IV. 

Indians  to  vse  their  owne  Gunns. 

WHEREAS  there  is  an  act  in  force  prohibiting  the 
lending  of  gunns  or  ammunition  to  the  Indians,  by 
vertue  of  which  many  quarrells  have  arisen  between 
English  and  Indians  caringe  their  owne  gunns,  winch 
might,  vnless  prevented,  prove  a  disturbance  of  the 
peace  now  made  between  the  two  nations,  It  is  enacted 
and  ordained  that  it  shall  be  lawful!  for  the  Indians 
to  make  vse  of  their  owne  guims  and  amunition  with- 
out the  lett  or  molestation  of  any  person  or  person? 
whatsoever  within  theire  owne  li mitts. 


Preamble. 


No  plat  to  be 
delivered  in 
less  than  six 
months. 
Lands  to  be 
plainly  mark- 
ed k.  bounded. 


Penalty. 


ACT  V. 

Concerning  Snrveighors. 

WHEREAS  many  contentious  suites  do  arise  a- 
bout  titles  to  land,  occasioned  much  though  the  fraud- 
ulent and  vnderhand  dealing  of  surveighors  who  fre- 
quently make  sale  of  the  surveighs  by  them  made, 
in  the  behalfe  of  one  person  to  another,  whereby  often 
times  he  that  had  the  first  and  justest  right  is  vnjustly 
deprived  of  his  due,  ffor  prevention  whereof  for  the 
future,  bee  it  enacted  and  ordained  that  noe  surveighor 
of  land  shall  give  a  plott  of  any  land  surveyed  by  him 
vnto  any  other  person  whatsoever,  vntil  six  monthes 
after  such  plott  is  drawen  according  to  its  surveigh,  &; 
that  all  land  surveyed  shall  be  at  the  surveighing  there- 
of plainely  marked  and  bounded  for  all  persons  to  take 
notice  of  that  none  may  by  ignorance  of  the  bounds  in- 
trench vpon  another's  right,  And  the  person  offending 
either  in  giveing  out  of  surveighs,  contrarie  to  this 
act,  or  not  sufficiently  markeing  his  bounds  to  forfeit 
five  hundred  pounds  of  tobacco,  for  everie   hundred 


MARCH,  1658-9— 10th  OF  COMMONWEALTH.  519 

acres  the  surveigh  shall  be  given  of,  to  the  vse  of  the  Elder  paten- 
county,  That  all  owners  of  elder  patterns  shall  be  ob-  «*cs  compelled 
liged  to  show  their  bounds  to  those  that  shall  require  bounds  to 
it  haveing  land  bounded  vpon  theirs,  with  all  conveni-  'h°se  wishing 
cncy,  at  least  within  twelve  monthes  after  demand,  and  jom"™e/ad" 
in  case  of  neglect  the  younger  being  exactly  bounded  Consequences 
to  be  valid  in  lawo,  the  other  presumed  not  to  have  of  neglect, 
been  lawfully  surveighed,  which  will  prevent  quarrells 
amongst  neighbours,  all  future  differences  especially 
concerning  orphants,  And  this  act  not  to  extend  to  or-  Exception  as 
phanls  land  or  persons  out  of  the  coloney,  and  all  lands  to  orphans  & 
soe  bounded  to  be  kept  and  continued  by  new  marking  Bounds'io^e' 
or  setting  vp  of  new  markes  in  the  places  of  these  false,  renewed. 


ACT  VI. 

None  to  cxportc  English   Comodities   out  of  this  Conn- 
trey  bought  in  the  Collony. 

WHEREAS  the  necessities  of  this  country  are  re-  Preamble. 
leived  cheifly  by  the  importation  of  English  goods, 
and  that  releife  much  obstructed  by  many  that  bring 
in  vnnecessary  comodities  and  make  sale  thereof  for 
tobaccoe,  which  they  againe  truck  for  substantial! 
goods,  as  clothing  and  the  like  and  by  that  meanes 
leave  the  country  destitute  of  her  owne  supplies,  It  is  Penalty  for 
hereby  enacted.  That  what  person  or  persons   soever  *xP°>"l>"g' 

i      ii        r  i       ec.  l-    t  pi        Lnglish  goods 

shall,  alter  the  rnrst  ot  June  next,  exporte  out  of   the  except  by  the 
collony  any  English  goods  (not   by  hint  formerly  im-   person  import- 
ported)  shall,  vppon  discovery   of   the  same    forfeite  mS  tliem 
such  goods  or  the  value  thereof,  the  one  halfe  to  the  in- 
former and  the  other  to  the  publique. 


ACT  VII. 

Concerning  Appeales. 

WHEREAS  the  acte  for  appeales,  hathlimitted  the  Preamble, 
value  of  appeales  from  countie  courts  to  quarter  courts, 
but  noe  limitation  of  appeale  from  quarter  courts 
to  Assemblies,  whereby  many  litigious  suites  for  in- 
considerable valewcs  are  brought  into  Assemblies  to 
the  hinderance  of  the  publique  affaires  and  advance 
of  the  publique  charge,  It  is  enacted  and  ordained,  Right  of  ap- 
That  noe  appeale  be  made  from  the  quarter  court  to  the  peal  from  qr 


b  20 


LAWS  OF  VIRGINIA, 


court  to  as- 
sembly limit- 
ed. 


Assembly  vnder  the  valew  of  two  thousand  ffive  hun- 
dred pounds  of  tobacco  the  originall  debt  besides  costs 
and  damages. 


Preamble. 


Right  of  ap- 
peal from 
Nor'ampton 
county  k>  qr. 
court  limited. 


ACT  VIII. 

Concerning  Appeales  from  Northampton  Countie.    ) 

WHEREAS  an  act  of  Assembly  had  formerly  pro- 
vided, That  in  regard  of  the  greate  distance  between 
Northampton  countie  and  James  Cittie,  that  noe  ap- 
peale  should  lie  from  the  said  countie  courte,  to  the 
quarter  courts,  vnder  the  value  of  three  thousand  two 
hundred  pounds  of  tobacco  or  thirty  pounds  sterling, 
It  is  hereby  enacted  and  confirmed,  That  for  the  reasons 
aforesaid  no  appeale  be  hereafter  made,  from  thence 
nor  admitted  in  the  quarter  courte  vnles  it  exceed  the 
valew  aforesaid. 


ACT  IX. 

The  Act  for  Mullberrie  Trees  repealed. 

Act  8  of  Dec.         WHEREAS  the  act  for  mullberrie  trees  seemes  ra- 
i6o6rep'ld.       rfier  troublesome  and  burthensome  then  any  waies  ad- 
vantageous to  the  country,  It  is  hereby  enacted,  That 
the  said  act  for  planting  mullberrie  trees  shall  be  re- 
pealed and  made  void. 


Preamble. 


Vestry  of 
each  parish 
electing  a 
burgess  to 
direct  paym't 
of  his  wages  : 

Collectors 
may  distrain  : 


ACT  X. 

Concerning  the  Charges  of  a  Parochiall  Burgess. 

WHEREAS  many  disputes  and  controversies  have 
arose  about  the  defraying  of  the  charge  of  the  pa- 
roachiall  Burgesses,  by  reason  the  vestrys  of  the  said 
parishes  have  not  been  sufficiently  qualified  for  laying 
the  same  vppon  the  people,  It  is  hereby  enacted  and  or- 
dained, That  the  vcstrie  of  any  parish  which  shall  elect 
any  Burgess  shall  be  impowered  to  order  payment  for 
his  charges,  And  in  case  any  persons  within  the  parish 
electing  shall  refuse  to  make  payment  according  to 
their  order,  then  the  collectors  shall  by  vertue  of  that 


MARCH,  1658-9— 1  Oth  OF  COMMONWEALTH.  52a 

order  make  distresse  for  the  same,  which  shall  be  ac- 
counted authentique  in  any  court  of  judicature  within 
this  collonie. 


ACT  XI. 

Mr.  Thomas  Flood  made  Interpreter  for  the  Country, 

WHEREAS  Coll.  John  fflood  hath  long  and  faith-  i«dian  inter* 
fully  served  this  country  in  the  office  of  an  interpreter  polme.f11 
and  being  now  deceased,  It  is  enacted,  That  Thomas 
fflood,  son  to  the  said  Coll.  John  fflood,  being  recom- 
mended to  the  Assembly  for  his  abillity  in  the  Indian 
tongue  shall  be  received  in  the  place  of  his  fiather  and 
have  the  same  salarv. 


ACT  XII. 

Encouragement  to  make  Silke. 

FOR  inrouragment  to  the  makeing  of  silke,  It  is  Premium  for 
enacted.  That  whosoever  shall   make  fflftie   pound  of  md  m" Sl   ' 
wound  silke  shall  receive  from  the  publique  as  a  re- 
ward of  his  dilligence  tenn  thousand  pounds  of  tobacco. 
Provided  he  prove  it  to  be  all  of  Iris  owne  makeing. 


ACT  XIII. 

The  Actes  for  Juries  Inquest  and  for  Peoples  hringing 
in  the  Listes  of  their  Families  are  repealed. 

WHEREAS  the  acts  for  juryes  of  inquiry  and  for  Actsrbrim- 

peoples  bringing  in  the  lists  of  their  families  have  not  5?"™f 'lUf 

produced  sucli  success  as  was  expected  tor  detection  or  and  concern 

offences,  or  discovering  the  true  number  of  the  titha-  ingtitbaMes 

bles,  It  is  enacted,  That  both  the  said  acts  be  repealed  Secret  m  ol 

and  the   sherriiTs  to  take  lists  as  formerly  hathabeen  1657-s. 
accustomed. 


ACT  XIV. 

Ordinaries  Regulated. 

WHEREAS  many  inconveniencies  and  much  dam-  Preamble 
mage  ariseth  to  the  whole  country  in  gennerall  through 
the  exorbitant  prices  of  drinke  sold  by  ordinarie-keep- 

3S 


rZ-Z 


d>'ty  courts 
to  fix  tavern 
rates  accord- 
ing1 to  the 
price  of  tob. 
License  to  be 
obtained  and 
bond  and  se- 
curity given. 


LAWS  OF  VIRGINIA, 

ers,  which  the  acts  for  limitation  of  the  prices  have  not 
wholly  prevented,  Bee  it  therefore  enacted,  That  the 
county  courts  shall,  as  the  prices  of  tobacco  shall  rise 
or  fall,  from  time  to  time  sett  rates  how  the  drinke  shall 
be  sold,  And  none  to  be  permitted  to  keep  ordinaries 
vnles  they  first  take  out  their  license  and  give  good  se- 
curity to  sell  att  no  other  rates  then  those  by  the  courts 
appointed,  not  excludeing  the  power  of  the  Governour 
and  Council  in  the  time  of  quarter  courts  at  Janm 
Cittie. 


ACT  XV. 

In  what  case  a  Supersedeas  may  he  granted. 

xNo  superse-  WHEREAS  many  causless  molestations  arise  by  the 

deas  grantable  frequent  granting  of  a  supersedeas,  Bee  it  enacted  and 
7nt%Zu'\]\  confirmed,  That  noe  supersedeas  be  granted  but  in  such 
He.  cases  and  causes  by  any  court  where  an  appeale  doth 

lie  open, 


ACT  XVI. 

Attomies  for  Buisiness  out  of  England  to  putt  in  Sem- 

ritie. 


Fream!>!<°. 


Security  for 
costs  to  be 
given  by  non- 
resident pits. 


WHEREAS  many  persons  in  this  colony  entertaine 
as  attorneys  many  troublesome  businesses  out  of  En- 
gland, where  justly  there  is  no  occasion  for  such  mo- 
lestation and  the  parties  so  molested  left  destitute  of 
releife  by  reason  the  said  disturbers  have  no  estate  in 
this  country  to  satisfie  their  dammages,  Bee  it  therefore 
enacted,  That  noe  attorney  by  any  power  out  of  En- 
gland or  elsewhere  shall  implead  or  sue  any  personnof 
this  colloney  without  first  giveing  in  good  securitie  that 
hee  the  said  attorney  shall  pay  all  costs  and  damages 
the  court  shall  award  against  him,  where  the  lawe  shall 
find  ihat  he  hath  by  that  power  vnjustly  molested  the 

■d  defendant. 


MARCH,  165S-9— 10th  OF  COMMONWEALTH.  523 

ACT  XVII. 

Noe  Sherriffe,  vnder  Sherriffe  or  Clerke  of  a  Court  per- 
mitled  to  plead  as  Attorney. 

BE  it  enacted,  That  neither  sherriffe,  vnder  sherriff  Sheriff,  uodei 
nor  clerke  of  any  court  within  this  collony  be  permit-  sl'^"'ff&;  c]V'k 

«  1        i  •  9 '  i     l     i/»   «  not  lo  iHCtUi  h* 

ted  to  plead  in  any  person  s  behalle  in  any  court  where  attornies. 
he  officiates,  and  the  sherriffe,  vnder  sherriff  or  clarke 
soe  offending  after  prohibition  to  be  ffined  one  thou- 
sand pounds  of  tobacco,   to   the  vse   of  the  countey 
where  he  pleaded,  for  each  default. 

ACT   XVIII. 

What  CounctlUrs  are  to  have  a  part  in  the  Two  Hundred 

Poufids. 

BEE  it  enacted,  That  noe  councellor  haveinge  not  of-  Councillors 
ficiated  in  the  ffower   last  courtes  shall  have  any  part  Pa'J '»  pro- 
of the  two  hundred  pounds  sterling  given  last  Grand  [heir  attend- 
Assembly  to  the  councellors  they  haveing  not  been  at  ance. 
any  charge. 


ACT  XIX. 

The  Act  (for  Two  Shillings  per  Hhd.  made  void. 

WHEREAS  certaine  inconveniencies  have  ben  Act  12s  ot 
found  in  the  manner  of  collecting  the  imposition  of  two  MaK*» 1667-8 
shillings  per  hogshead  to  which  an  apt  remedie  could 
not  bee  applied  and  the  said  act  now  expired,  It  is 
enacted  and  confirmed,  That  the  said  lawe  shall  not 
be  renewed  but  continue  void.  Notwithstanding  which, 
all  lobaccoes  exported  or  to  be  exported  this  crop  to 
be  paid  for  accordinge  to  the  said  act,  and  the  next 
yeeres  levy  to  be  raised  in  tobacco  as  formerly. 


ACT  XX. 

The  Office  (if  Secretarie  conferred  on  Coll.  Claiborne. 

WHKREaS    the   office  of  secretarie  is  a  place  of  Wm  Clai- 
great  trust,  and    thought  fitt  by  the    Assembly  to  bee  borne  "PP'te* 
reserved  to  their    disposall,  It   is  enacted,  that  Coll. 
William  Claiborne  (acknowledging  the  said  place  re- 


524 


LAWS  OF  VIRGINIA. 


ceived  from  the  Assembly)  shall  continue  secretarie  of 
state  vntill  the  next  Assembly  or  vntill  his  Highness 
pleasure  be  further  signified  vnto  vs. 


June  quartet 
court  abolish- 
ed. 


Terras  of 
March,  Sept. 
and  Nov. 


Preamble, 


Ground 

leaves  not  to 
foe  disposed 
of. 
Penaltv. 


Provision  in 
case  of  pre- 
vious con- 
tracts. 


ACT  XXL 

Quarter  Courts  altered. 

WHEREAS  the  keeping  of  June  quarter  court  hath 
bin  found  vnnecessary  and  inconvenient  in  regard  the 
shipps  are  then  out  of  the  country,  time  of  payment 
past  and  the  crop  then  cheifly  in  hand,  It  is  enacted 
and  confirmed,  That  the  said  court  shall  bee  totally 
abolished  &i  void  and  the  three  other  courts  to  beginn 
the  twentith  of  March,  the  twentieth  of  September,  and 
the  twentieth  of  November,  Provided  that  the  takeing 
away  of  this  next  June  court,  preiudice  none,  But 
that  all  referrences  to  that  court,  and  all  debts,  by  the 
late  act  made  pleadable  shall  continue  and  extend  vn- 
till next  September  courte. 


ACT  XXII. 

Concerning  Ground  Leaves. 

WHEREAS   at  the  last  Assembly  it  was  enacted 
that  ground   leaves  should  not  pass  for  merchantable 
tobacco,  the  Assembly  in  tending  thereby  to  lessen  the 
quantity  and  mend   the  quality  of  tobacco,  which  act 
hath  not  produced  the  desired  effect  in  regard  the  said 
ground  leaves  have  bin  trucked    away   to   seamen   & 
others  so  that  the  noise  of  so  many  hogsheads  goeing 
home  obstructs  the  markett,  as  much  as  ever,  ffor  pre- 
vention whereof  bee  it  enacted  and  ordained  that  ground 
leaves  shall  be  totally  suppressed,  and  that  whosoever 
shall   be  proved  to  dispose  of  or  lay  out  any  ground 
leaves  in  the  countrey  shall  forfeit  for  the  quantity  of 
every  hogshead    so  layd  out  three  hogsheads  and  soe 
proportionable,  and  for  every  hogshead  shipped  home, 
tenn  hogsheads,  The  one  halfeto  the  informer,  the  o- 
ther  halfe  to  the  vse  of  the  countey,  and  this  act  to  be 
in  force  the  ffirst  of  August  next,  Provided  also  that 
those  which  have  made  contracts   before  this  act  may 
have  their  contracts  nulld  whereby  they  may  have  an 
equall  benefitt  with  others  in  the  advance  of  their  topp 
tobacco. 


1 


MARCH,  1656-9— loth  COMMONWEALTH.  525 

ACT  XXUI. 

The  Act  for  Hides  and  Iron  not   to  bee  Exported  Re- 
pealed. 

THE  act  prohibitting  the  exportation  of  old  Iron  &,  Act  l>4oi 
Hides  is  hereby  repealed  and  liberty  given  to  any  one  J^g 
to  make  their  best,  advantage  of  them.  P^  '    repea    * 


ACT  XXIV. 

Free  Trade  with  the  Indians. 

WHEREAS  it  is  manifest  that  the  neighbouringe  Preamble 

plantations  both   of  English  and  ft'orrainers   do  plen- 

tifully  furnish  tli^Indians    with    gunns,    powder  &^"    \J  Jjs* 
shott,  and  do  thereby  drawe  from  vs  the  trade  of  bei&y •/r~"  *v 
ver  to  our  greate  losse  and  their  profitt,  and    besiAdr/  V$ 

the  Indians  being  furnished  with  as  much  of  both  gilwCy         \ 
and  ammunition  as  they  are  able  to  purchase,  Itistfev-   TradSftiih  | 

acted,  That  every  man  may  freely  trade  for  gipw*,   Indiawp allow- 
powder  and  sholt :     It  deroerateine:  nothing  fronx,»jr  p<1  'orsiuns,  , 

salety  and  adding  much  to  our  advantage,  AuclgjMs  shot^fc 
act  to  be  in  force  the  ffirst  of  April  which  shall  l»TW 
the  yeare  one  thousand  sixe  hundred  and  sixty. 


ACT   XXV. 

Provision  to  bee  made  for  Amumiiou. 

BEE  it  enacted  that  a  provident  supplie  be  made  of  Every  man  to 
gunn  powder  and  shott  to  our  owne   people,  and  this  bc.  P^'ded 
strictly  to  bee  lookt  to  by  the  officers  of  the  militia,  acertafoMiaan 
vi/.t.J  That  every  man  able  to  beare    armes  have  in  tity  of  powder 
his  house  a  fixt  gunn  two  pounds  of  powder  and  eight  and  shot 
pound  of  shott  at  least  which  are  to  be  provided  bye- 
very  man  for  his  family  before  the  last  of  March  next, 
and  whosoever  shall  faile  of  makeing  such   provision 
to  be  fined  fliftie  pounds  of  tobacco  to  bee  laied  out  by 
the  county  courts  for  a   common  stock   of  amunition 
for  the  county 


SiJti 


.VT    A 


.^tlllilaT 


rtLLD  AT  JAMBS  CITTIE,  THE  THIRTEENTH  OP  MARCH 

1659-60.* 


O^The  MS. 
from  which 
the  acts  of 
this  session 
were  printed, 
is  now  in  the 
library  of 
Congress,  at 
Washington. 


[From  a  MS.  received  from  Edmund  Randolph,  Esq. 
which  was  once  the  property  of  Sir  John  Randolph, 
who  transmitted  it  to  his  son,  Peyton  Randolph,  Esq. 
after  whose  death  it  was  purchased,  with  his  library, 
by  Thomas  Jefferson,  Esq.  from  whom  it  was  bor- 
rowed by  Edmund  Randolph,  Esq.] 

SIR  WILLIAM  BERKELEY?  Knight,  Govern- 

our  and  Captaine  Generall  of  Virginia.f  03?" 


The  council  of  State : 


Mr.  Richard  Bennett, 
Coll.  Will'm  Claiburne, 
Secretarie  of  State, 
Coll.  Wm.  Bernard, 
Coll.  Thomas  Pettus, 
Coll.  Francis  Morrison, 
Coll.  Edward  Hill, 
Coll.  Thomas  Dewe, 


Coll.  Obedience  Robins, 
Capt.  Henry  Perry, 
Le'tt.  Coll.  John  Walker, 
Coll.  George  Read, 
Coll.  Abraham  Wood, 
Lei  ft.  Coll.  Edw'd  Carter, 
Capt.  Augustine  Warner. 


*  This  is  simply  dated  1659  in  the  MS.  but  it  was  the  session  of 
1659-60. 

f  O*  No  portion  of  the  History  of  Virginia  has  been  so  palpably 
misunderstood,  as  that  which  relates  to  the  re-appointroent  of  Sir  Wil- 
liam Berkeley,  governor,  before  the  restoration.  Robertson  (who 
quotes  Beverley,  pa.  55,  and  Chalmers,  pa.  124)  thus  introduces  the 
subject  and  accounts  for  the  event : 

"Under  governors  appointed  by  the  commonwealth,  or  by  Crom- 
well, when  he  usurped  the  supreme  power,  Virginia  remained  almost 
nine  years  in  perfect  tranquility.  During  that  period,  muny  adhe- 
rents to  the  royal  party,  and  among  these  some  gentlemen  of  good 
families,  in  order  to  avoid  danger  and  oppression,  to  which  they  were 
exposed  in  England,  or  in  hopes  of  repairing  their  ruined  for- 
tunes, resorted  thither.  Warmly  attached  to  the  cause  for  which 
they  had  fought  and  suffered,  and  animated  with  all  the  passions 
natural  to  men  recently  engaged  in  a    fierce    and    long-protracted 


MACRH,  1659-60— 11th  OF  COMMONWEALTH.  ■>-' 

The  Burgesses/or  the  severall  Plantations. 

Henrico  County.  James  Citty  County. 

Mr.  Theoderick  Bland,      Mr.  Henry  Soane, 

Speaker.     Capt.  Robert  Ellison, 
Capt.  William  ffarrer.        Mr.  Richard  Ford, 


Charles  Citty  County. 


Mr.  William  Morlev. 

Surry  County. 


Mr.  Theoderick  Bland. ] 

Capt.  Robert  Wynne,         Major  Wm.  Cawfield, 

Mr.  Charles  Sparrow.         Mr.  William  Browne, 


civil  war,  they,  by  their  intercourse  with  the  colonists,  conurmed 
them  in  principles  of  loyalty,  ai.d  added  to  their  impatience  and  in- 
dignation under  the  restraints  imposed  on  their  commerce  by  their 
new  masters.  On  the  death  of  Mathews,  the  last  governor  named 
by  Cromwell,  the  sentiments  and  inclination  of  the  people,  no  longer 
under  the  control  of  authority,  burst  out  with  violence.  They  forced 
Sir  William  Berkeley  to  quit  his  retirement ;  they  unanimously  elect- 
ed bun  governor  of  the  colon}' ;  and  as  he  re-fused  to  act  under  an 
usurped  authority,  they  boldly  erected  the  royal  standard,  and  ac- 
knowledging Charles  II.  to  be  their  lawful  sovereign,  proclaimed 
him  with  all  his  titles  ;  and  the  Virginians  long  boasted,  that  as  they 
were  the  last  of  the  king's  subjects  who  renounced  their  allegiance,  they 
were  the  first  who  returned  to  their  duty." 

(Robert.  Hist.  Amer.  vol.  4,  pa.  230.) 

Never  was  there  so  short  an  extract  more  replete  with  error — 
.Not  a  dictum  contained  in  it,  is  supported  by  the  public  records  of  the 
colony;  but,  on  the  contrary,  they  directly  contradict  every  assertion 
of  this  historian. 

From  the  death  of  Charles  I,  in  1649,  to  the  restoration  of  Charles 
II,  in  1660,  not  a  governor  of  Virginia,  had  been  appointed  either  by 
the  commonwealth  or  by  Cromwell.  In  truth,  almost  every  page  of 
the  Assembly's  records,  from  the  date  of  the  convention  with  the  com- 
missioners of  parliament,  in  1651-2  (see  ante  pa.  363,  371,)  till  the 
termination  of  the  commonwealth,  proves  that  the  government  of 
Virginia  was  entirely  provisional ;  and  it  no  where  appears  that  the 
influence  of  Cromwell's  protectorship  was  extended  to  this  colony.  If 
this  idea  required  any  confirmation  beyond  what  is  clearly  deducible 
from  the  face  of  the  records,  it  would  be  found  in  the  letter  from  the 
president  of  the  council  in  England,  (ante  page  509)  announcing 
Cromwell's  death  ;  which  expressly  states,  that  certain  measures  had 
n  contemplated  by  the  Protector,  towards  settling  the  government 
of  Virginia,  "  and  some  resolutions  passed  in  order  thereto,  which,  it 
was  supposed,  would  have  been  brought  into  act,  by  that  time,  if  the 
Lord  had  continued  life  and  healih  to  His  highness." 

After  the  death  of  Cromwell,  his  son  Richard  was  acknowledg- 
ed as  his  successor,  by  the  colony  of  Virginia,  (ante  pa.  511)  and 
the  same  provisional  government  continued  ;  the  bouse  of  burgc 


£28  LA.WS  OF  VIRGINIA, 

Me  of  Wight  County.  Vpper  Norfolke 

Coll.  Robert  Pitt,  Mr.  Giles  Webb. 

Major  Rich  :   Hill,  Mr.  William  Denson, 

Major  John  Bono",  Mr.  George  Catchmaie. 
Mr.  Nicholas  Smith. 


having  more  and  more  encroached  on  the  powers  of  the  governor  and 
council,  till  ihey  left  them  mere  cyphers.  (See  ante  from  page  499  to 
505.)  It  was  not  until  after  Richard  had  resigned  the  reins  of  go- 
vernment, on  the  22d  of  April,  1659,  and  before  the  restoration  of 
Charles  II,  on  the  29th  of  May,  1660,  that  the  assembly  passed  an  act 
expressly  "  taking  the  power  into  the  assemblie's  hands,"  though  they 
had,  in  effect,  exercised  all  the  powers  of  government  long  before. 
The  first  four  acts  of  this  session  (1659-60)  shew  the  measures  of  th« 
assembly  to  have  been  the  offspring  of  necessity;  to  have  grown  out  of 
that  state  of  suspense  produced  by  the  reserved  conduct  of  general 
Monck,  when  it  was  uncertain,  even  in  England,  what  kind  of  govern- 
ment would  be  finally  adopted. 

Col.  Samuel  Mathews,  late  governor,  having  died  in  January,  1659, 
(see  list  of  governors  prefixed  to  this  volume)  the  next  assembly  which 
sat  on  (he  13th  of  March,  1659-60,  elected  Sir  William  B-rkeley  go- 
vernor, by  act  of  assembly,  (see  act  II,  of  March,  1659  60)  precisely 
in  the  same  manner  as  they  had  elected  Mathews  governor,  at  the 
preceding  session  (see  act  I,  of  March,  1658-9.)  The  story  of  Sir 
William  Berkeley's  being  forced  from  his  retirement,  of  his  refusing 
to  act  under  an  usurped  authority,  and  of  the  erection  of  the  royal 
standard,  Sic.  is  a  mere  effort  of  the  imagination,  about  as  much  found- 
ed on  fact,  as  that  Mathews  was  the  "  last  governor  named  by  Crom- 
well," when  we  have  seen,  that  he,  like  Berkeley,  was  elected  by  act 
of  assembly.  The  truth  is,  that  the  election  of  Berkeley,  was  an  ordi- 
nary act  of  ihe  Assembly ;  and  the  name  of  king,  or  of  majesty  does 
not  occur  till  the  October  session  1660,  after  the  restoration  of  Charles 
II  had  been  announced. 

The  idea  that  the  people,  on  the  death  of  Mathews,  were  "  nolong- 
•:  under  the  control  of  authority,"  is  perfectly  consistent  with  that 
poetic  fiction  which  has  given  a  coloring  to  the  whole  piece;  but  it  is 
totally  unsupported  by  fact.  The  governors,  during  the  common- 
wealth, were  the  mere  creatures  o'i  the  house  of  burgesses,  depend- 
ent on  their  breath  for  their  political  existence,  and  annihilated  at 
their  pleasure  : — The  '  Representatives  of  the  People,'  as  they  proud- 
ly and  justly  denominated  themselves,  were  the  only  sovereigns  of 
Virginia. 

Mr.  Burk,  who,  with  propriety,  rejects  the  account,  given  by  Robert- 
son and  other  historians  of  the  election  of  Sir  William  Berkeley,  has, 
from  the  want  of  authentic  documents  (having  never  seen  the  MS. 
from  which  these  acts  are  printed,)  hazarded  a  conjecture  "that  Sir 
William  Berkeley  received  his  authority  from  a  tumultuous  assemblage 
of  cavaliers  and  aristocrats,   without  the  agency  of  the  assembly. 

See  Burks  Hist.  Vir.  vol.  2,  pa.  119,  120.)  It  appears,  however,  that 
he  was  elected  by  a  full  assembly,  composed,  it  is  true,  of  many  new 
members;  but  the  acts  passed  at  that  session  seem  to  be  sucb,  onlv 

.  the  exigencies  of  the  countrv  required. 


MARCH,  1059-60— I  lth  OF  COMMONWEALTH.  &9 

Loner  Norfolk^ .  Warwick  County. 

Capt.  John  Sidney,  Coll.  Miles  Cary, 

Mr.  Lemuell  Mason.  AT  .      r,        r,  .„., 

Major  Ldw:  Griffith. 

Northampton  County,       p..     ,   .,  ritl.    n       . 

r  J        Lltzaoeth  Lillic  County. 

Coll.  Edm'd.  Scarbrough, 

Major  Wm.  Waters,  Lt.  Coll.  Wm.  Worleich, 

Lt.  Coll.  John  Stringer,     Capt.  John  Powell. 

The  period  of  the  death  of  Mathews,  and  the  succession  of  Berke- 
ley, may  be  ascertained  with  tolerable  accuracy,  by  a  reference  to  the 
records  in  the  office  of  the  register  of  the  land  office,  formerly  the  se- 
cretary's— In  a  book  labelled  "  Patents  from  1655  to  1664,"  folio  377, 
will  be  found,  the  last  patents  issued  under  Samuel  Mathews,  as  go- 
vernor ;  which  were  in  September,  1659. — the  first  patent  issued  by- 
Sir  Wrlliam  Berkeley,  alter  his  ^-election,  (same  book,  folio  391)  bears 
date  the  22d  of  March,  1659-60:  several  other  patents  issued  in  his 
name,  in  March,  April,  iic.  1660 — (See  Patents  from  1655  to  1664,  fo- 
lio 392,  393  ) 

To  prove  the  fallacy  of  the  position  that  the  governors  of  Virginia 
during  the  commonwealth,  received  their  appointments  from  England, 
it  will  only  be  necessary  to  recur  to  the  pages  of  this  volume,  where  it 
will  be  found  that  they  were,  in  every  instance,  elected  by  the  house  of 
burgesses.  In  Xpril,  1652,  Richard  Bennett  was  appointed  the  first  go- 
vernor, under  the  provisional  government  (ante  page  371)  ;  in  March, 
1655  Edward  Digges  was  elected  (ante  page  408);  in  March,  1657-8. 
SamiK'l  Mathewes  was  elected  (ante  page  431,  2)  ;  at  the  same  session, 
a  contest  arising  between  the  governor  and  council  and  the  house  p{ 
burgesses,  as  to  the  constitutional  power  of  dissolving  the  assembly, 
the  burgesses  declared  all  former  elections  of  governor  and  council 
void  and  null  ;  but  immediately  after  re-elected  Mathews,  (ante  page 
502  ;)  by  the  fust  act  of  March,  1658-9  (ante  page  516  ;)  Mathews  was 
again  elected  ;  and  by  the  second  act  of  this  session,  1659  60,  Sir  Wil- 
liam Berkeley  was  elected.     It  is  ridiculous  to  suppose  that  this  fii\s> 

I'.tion  of  Sir  William  Berkeley,  before  the  restoration  had  taken 
plate  in  England,  was  produced  by  a  change  of  sentiments  in  the  peo- 
ple ;  that  they  should  have  anticipated  a  possible  event,  when  the  best 
informed  men  i>i  Rngland  were  held  in  awful  suspense,  by  the  tacitur- 
nity and  reserve  of  Monck  ;  doubting  whether  he  would  declare  foi 
himself,  for  Charles  II,  or  for  any  other  individual.  Let  it  be  retnem  ■ 
bered  that  the  restoration  took  place  on  the  29th  of  May,  1660,  and 
this  assembly  was  held  on  the  13th  of  March  preceding.  If  the  people 
of  Virginia  had  really  declared  in  favour  of  Charles  II,  would  ihcfi 
not  have  been  some  manifestation  of  it  in  their  public  acts  ?  But  no- 
thing of  that  kind  Appears.  The  style  of  the  assembly  is  precisely  suet, 
as  marks  the  proceedings  during  the  commonwealth,  and  their  acts 
evidently  flow  from  a  state  of  interregnum.  In  the  next  assembly,  in- 
deed, held  in  October,  16<>o,  Sir  William  Berkeley  is  called  "  Hi-  :\1  i 

•    iv's  Governor  ;"  but  this  was  after  the  restoration  was  effected 
and  he  had  prob  bly  received  an  appointment  From  the  crown. 

3  T 


n20 


LAWS  OF  VIRGINIA, 


Yorke  County. 

Coll.  Christ'rCalithrop, 
Major  Josepli  Crowshaw, 
Mr.  Nathaniel  Bacon, 
Mr.  Robert  Baldry. 

JVeiv-Kent  County. 

Coll.  ManwaringHamond, 
Lt.  Coll.  Robert  Abraball. 


Rappahannock  County. 

Coll.  Moore  ffahfleroy, 
Mr.  John  Weyre. 

Gloster  County. 


Lancaster  County. 

Coll.  John  Carter, 
Mr.  Henry  Corbin, 
Mr.  John  Curtis. 

Northumberland  County. 
Capt.  Peter  Ashton. 

Westmorland  County. 
Capt.  Thomas  fibulke. 


Capt.  Francis  Willis, 
Capt.  Peter  Jenings, 


Mr.  Peter  Knight, 
Mr.  David  Cant. 


ACT  I. 


An  Act  for  taking  the  Power  into  the  Assemblies  hands. 

Preamble.  WHEREAS  by  reason  of  the  late  frequent  distrac- 

tions (which  Cod  in  his  rriercy  putt  a  suddaine  period 
to)  there  being  in  England  noe  resident  absolute  and 
gen '11.  confessed  power  ;  Be  it  enacted  and  confirmed, 
Supreme  pow-  That  the  giipreanie  power  of  the  government  of  this 
er  •:<  Jared ...    countrv  sj,a}|  ;-.e  resident  in  the  Assembly,  And  that  all 

SSSClVSOiV*  *" 

writts  issue  in  the  name  of  the  Grand  Assembly  of 
Virginia*,  vtitil  such  a  comand  and  oomission  come  out 
oi  England  as  shall  be  by  the  Assembly  adjudged 
law  full. 


All  writs  to 
issue  in  their 
name. 


Sir  William 

Berkeley  elect- 
ed gov'r. 
Writs  to  issue 
in  the  name  cf 
the  assembly. 
To  call  an  as- 
scrobij'  once 
in  2  years. 


ACT  II. 

An  Act  for  Sir  William  Berkeley  being  Govcrnour. 

BEE  it  enacted,  That  the  honourable  Sir  William 
Berkeley  bee  Govcrnour  and  Captain  Gen'll.  of 
Virginia,  And  that  he  governe  according  to  the  aun- 
cientlawes  of  England  and  the  established  lawes  of  this 
country,  And  that  all  writts  issue  in  the  name  of  the 
Grand  Assembly  of  Virginia,  That  once  in  two  years 
at  least  he  call  a  Grand  Assembly  or  oftener  if  he  see 


MARCH,  1659-60— 11th  OF  COMMONWEALTH.  531 

cause,  that  he  have  liberty  to  make  choice  of  a  Secre-  Secretary  &. 

tarie  and  Council  of  State  with  the  approbation  of  the  c°uncil>  how 

Assembly,  And  that  he  do  not  dissolve  this  Assembly  Restriction 

without  consent  of  the  major  part  of  the  House.  as  to  his  right 

to  dissolve 
■w  the  assembly. 

ACT   III. 

.in  Act  to  rtveale  all   Acts  disagreeing  with  the  Lames 
ana  Power  now  established. 

WHEREAS  by  the  frequent  reveiwes  and  altera-  Preamble, 
tions  of  the  lawes  of  this  countrey  there  may  be  some 
contrarieties  happen,  and  some  of  the  precedent  lawes 
be  adverse  to  the  lawes  enacted  this  Assembly  and  es- 
pecially to  the  power  now  established,  Bee  it  therefore   All  laws  incon- 
t  ncictcd,  That  all  precedent  lawes  and  clauses  in  lawes,   s,stent  wal' 

tllC   Dl*C 56 lit 

contrarie  to  the  lawes,  power  and  fforme  of  govern-   government 
men*  ;;ow  established  be  reversed,  repealed,  made  void  repealed, 
and  null. 


ACT   IV. 

An  Art  for  the   Peace  of  this  Collony  vnder  the  present 

Government. 

WHEREAS  by  reason  of  the  late  frequent  distrac-  Gamble, 
tions  in  England  there  is  there  no  absolute  gen'll.  con- 
fessed power,  And  necessitie  forceth  vs  (during  these 
distractions)  to  declare  some  power,  Vnder  which  this 
collonie  may  be  settled,  It  hath  been  thought  necessa- 
ry and  convenient  by  the  present  Burgesses  of  this 
Assembly,  the  representatives  of  the  people,  during 
the  time  of  these  distractions,  to  take  the  government 
into  their  ovvne  power  with  the  conduct  of  the  aunci- 
ent  lawes  of  England,  till  such  lawfull  comission  or 
comissions  appear  to  vs  as  wee  may  dutifully  submit 
to  according  as  by  declaration  sett  forth  by  vs  doth 
more  amply  appeare,  N<>w  whereas  many  disaffected 
persons  may  be  apt  and  forward  by  their  idle  words 
and  actions  to  say  or  do  such  things  as  may  be  prejudi- 
cial to  the  authority  and  government  for  the  present 
setled  or  established,  For  preservation  whereof,  Bee  it  Penalty  for 
ordained  and  enacted  by  this.  Assembly  and  by  the  autho-  d^a"ior.nof 
rtty  of  ne,  That  all  persons  whatsoever  that  shall   »i,e  present 

after  publication  hereof  say  or  act  any  thing  in  deroga-  govenuneot 


532 


LAWS  OF  VIRGINIA, 


iion  ot'  the  present  government  hereby  established  shall 
be  proceeded  against  as  enemies  of  the  peace  of  this 
collonie  and  receive  punishment  accordingly. 


Preamble. 


Penalty  on 
sheriff  for  not 
mailing  due 
return. 


On  a  burgess 
for  not  ap- 
pearing at  the 
day. 


ACT  V. 

AnActforSherriffes  makeing  due  Rctumes  of Burgesses y 
And  Burgesses  meeting  on  the  day. 

WHEREAS  many  inconveniencies  arise  by  the  neg- 
ligence of  sher's.  in  raakeing  the  due  returnes  of  the 
Burgesses,  And  the  Burgesses  not  appearing  by  the 
day  by  which  meanes  the  charge  of  those  counties 
whose  sherriffes  and  Burgesses  have  performed  the 
tenor  of  the  writt  is  augmented  and  the  publique  buis- 
ness  is  retarded  ;  Beeit  enacted,  That  what  Sherriffsoe- 
ver  shall  not  before  the  day  expressed  in  the  writt  make 
returne  of  the  election  according  to  act  of  Assembly 
shall  be  fined  two  thousand  pounds  of  Tobacco.  And 
what  Burgesses  soever  shall  (vnlesse  obstructed  by 
some  law'll  impediment,  and  that  to  bee  adjudged  by 
the  House)  faile  in  makeing  his  appearance  shall  for 
ev'ry  day  he  shall  be  absent  after  the  day  appointed  in 
the  writt  for  the  sitting  of  the  Assembly  be  fined  three 
hundred  pounds  of  tobacco  to  be  disposed  off  by  the 
Assembly. 


Preamble- 


ACT  VI. 

An  act  for  the  suppressing  the  Quakers. 

W^HEREAS  there  is  an  vnreasonable  and  turbu- 
lent sort  of  people,  comonly  called  Quakers,  who 
contrary  to  the  law  do  dayly  gather  together  vnto  them 
vnlaw'll  Assembliesand  congregations  of  people  teach- 
ing and  publishing,  lies,  miracles,  false  visions,  pro- 
phecies and  doctrines,  which  have  influence  vpon  the 
comunities  of  men  both  eeclesiasticall  and  civil  en- 
deavouring and  attemping  thereby  to  destroy  religion, 
lavves,  comunities  and  all  bonds  of  civil  societie,  leave- 
ing  it  arbitrarie  to  everie  vaine  and  vitious  person 
whether  men  shall  be  safe,  lawes  established,  offen- 
ders punished,  and  Governours  rule,  hereby  disturb- 
ing the   publique   peace  and  just  interest,  to  prevent 


M  ARCH,  1659-60— 1  Ith  OF  COMMONWEALTH.  533 

and  restraine  which  mischiefe,  ft  is  enacted,   That  no  Penalty  on 
master  or  comander  of  any  shipp  or  other   vessell   do  master,of 
bring  into   this  collonie  any  person  or   persons  called  Sogig  in 
Quakers,  vndcr  the  penalty  of  one  hundred  pounds  ster-  quakers. 
ling  to  be  leavied  vpon  him   and  his  estate   by  order 
from  the  Governour  and  Council    or  the  comissioners 
in  the   severall   counties   where  such  shipps  shall  ar- 
rive, That  all  such  Quakers  as  have   beene   question-  Allquakers 
ed  or  shall  hereafter  arrive  shall  be  apprehended  where-  to  be  appre- 
soever  thav  shall  be  found  and  they  be  imprisoned  with-  tended  a,\d 

.i-i       *  .         .         -Hi  ii.  ..  committed  to 

out  baile  or  mainprise  till  they  do  adjure  this  country  p,isontiii  thev 

or  putt  in  security  with  all  speed  to  depart  the  collonie  give  security 

and  not  to  returne   again  :  And  if  any  should  dare  to  ,oleave,he 

i  •   i  c  ii  colony. 

presume  to    returne  hither  alter  such  departure  to  be  Penalty  for 

proceeded  against  as  contemners  of  thelawes  and  magis-  returning, 

tracv  and  punished  accordingly,  and  caused  again  to  atyrdtiraTta 

depart  the  country,  And  if  they  should  the  third  time  be  treated  as 

be  so  audacious  and  impudent  as  to  returne  hither  to  felons- 

be  proceeded  against  as  lFelons.     That  noe  person  shall  Penalty  for 

enterain  any  of  the  Quakers  that  have  heretofore  been  entertaining 

j  i  i       t-y  i    s~>  -i  i  •    i  or  permittni'; 

questioned  by  the  (joveruour  and   Council,  or  winch  assemblies  of 

shall  hereafter  be  questioned,  nor  permit  in  or  near  his  quaken. 
house  any  Assemblies   of  Quakers  in  the  like  penalty 

of  one  hundred  pound  sterling,  That  comissioners  and  j)uty  0r  nia. 

officers  are  hereby  required  and  authorized  as  they  will  gistrates  an<! 

answer  the  contrary  at  their  perill  to  take  notice  of  this  office,s- 

act  to  see  it  fully  effected  and  executed,  And  that  no  pftnajt„  for 

person  do  presume  on  their  peril  to  dispose  or  publish  publishing 

their  bookes,   pamphlets  or  libells  bearing  the  title  of  books  con- 

.     .  ,  i         •    •  laming  the 

their  tenents  and  opinions,  tenets  of  thi 

quakers 


ACT  VII. 

Li  Act  for  receiving   Port-Charges  and  Castle-Duties 
in  vacancy  of  a  Governour. 

WHEREAS  by  former  acts  of  Assemblies  the  port  Preamble 
charges  and  castle  duties  have  been  conferred  on  the 
fiovernour   and  no  order  therein   taken,  for   the   re- 

ceiveing  the  tame  in  the  vacancy  of  a  governour,  His  pprtcbai 

enacted  4*  confirmed,  that  during  such  vacancy  the  slier-  and  castle 

riffs  of  the  repective  counties  in  which  any  shipp  soe  j'j'ViTe  o./ 

arriveing  shall  first  beginne  to  load  shall  for  the  vse  of  during  n  vu- 

the  countrey  receive   of  the  commander   or   master  of  cancy  •-•' 
such  shipp  the  port-charges  and  castle-duties  due  from 


534 


LAWS  OF  VIRGINIA, 


Penalty  for 
refusing  pay- 
ment. 


Or  the  sheriff 
for  neglect. 


the  same,  and  for  whatsoever  he  the  said  sherriff  shall 
soe  receive  to  become  responsible  to  the  next  Assem- 
bly, And  if  any  such  master  shall  refuse  vpon  demand 
of  the  sherriffe  to  make  payment  thereof  accordingly, 
Then  the  said  sherriffe  to  make  his  complaint  to  the 
next  comissioner  of  the  quorum  in  that  county,  who 
by  vertue  of  this  act  is,  without  further  processe  im- 
powered  to  graunt  execution  against  the  person  of  es- 
tate of  the  said  master  refusing  to  pay  his  duties  as  a- 
foresaid,  And  if  anie  sherriffe  shall  neglect  the  perform- 
ance of  his  duty  in  demanding  and  recovering  the  said 
port-charges  and  castle-duties,  Then  the  estate  of  the 
sherriffe  to  be  liable  to  make  satisfaction  for  his  neg- 
lect to  the  next  Assembly. 


ACT  VIII. 

.in  Act  where  the  Port-Charges  and  Castle-Dueies  arc 

to  be  paid. 


Preamble. 


Collectors  of 
port  charges 
and  castle 
duties  to  be 
appointed  by 
the  gov'r. 


Penalty  on 
master  of 

vessel  for 
concealing 
i  he  burthen 

t»f  his  ship. 


WHEREAS  the  charge  in  hyreing  boates  and 
hands  to  collect  the  port-charges  and  castle-duties,  and 
the  vnconsiderablenesse  of  the  value  of  the  comodities 
they  are  paid  in,  being  commonly  the  refuse  of  their 
whole  cargo,  hath  added  little  to  the  supply  of  the  Go- 
vernour  to  which  by  several!  Assemblies  they  have 
been  appropriated,  Bee  it  therefore  enacted  and  confirm- 
ed, That  there  be  in  every  river  certoine  places  and  per- 
sons appointed  and  authorized  by  the  Governour  to  re- 
ceive the  same,  within  whose  respective  limmitts  and 
precincts  what  master  or  commander  of  shipp  or  vessel 
soever  shall  intend  to  lade,  he  the  said  master  or  com- 
mander shall  before  he  beginns  repaireto  the  said  place 
and  person  so  appointed  and  authorized,  And  there 
shall  enter  his  shipp,  And  either  in  kind  or  in  other 
good  valuable  commodities  att  the  rate  he  sells  shall 
make  just  payment  of  the  said  port-charges  and  castle- 
duties,  And  vpon  payment  thereof  shall  take  from  the 
said  officer  a  discharge  and  license  to  load,  And  if  the 
said  master  shall  fraudulently  conceale  the  burthen  of 
the  shipp,  And  thereby  defraud  the  Governour  of  his 
due.  Then  to  forfeit  his  recognizance. 


MARCH,  1659-60—  llth  OF  COMMONWEALTH.  535 

ACT   IX. 

An  Act  for  Masters  of  Shipps  to  give  Bond  for  good 

abearing. 

WHEREAS  clivers  masters  of  shipps  have  of  late  Preamble 
yeares  obstinately  and  contemptuously  behaved  them- 
selves towards  the  lawes  and  government  of  this  coun- 
try,  refusing   their   due  obedience  and  submission  to 
the  same  and  have  likewise  contrary  to  the  peace  of  this  Asserting 
country,  And  the  priv'dedges  granted  vs  bv  our  articles  ^e  riSht  of 

r  l       »     i  r         f     j  m       it  •  •       Virginia  to  a 

oi  surrender  to  have  iree  trade  with  nil  nations  in  ami-  f,ec  com- 
ty  with  the  people  of  England,  molested,  troubled  and  merce,  under 
seized  diverse    shipps,  sloops  and  vessells  comeim;  to  th.e  artlcIes 
trade  with    vs   to  the  great  prejudice  of  the  coup  treys 
good  and  prosperity,  (for  prevention  whereof  for  the  fu- 
ture, Bee  it  enacted  and  confirmed,  That  every  master  Every  master 
or  commander  of  shipp  or  vessell  from  what  place  soe-  °f  avess.f' t0 

t  •  |  in       -.1  •        ■       i  /•  •       ,  -    give  bond  not 

ver  comeing  hither  shall  within  six  dayes  after  arrival]  f0  molest  anv 
or  sooner,  if  by  the  officer  authorized  therevnto  lawful-  person  trad- 
]y  required  cive  in  bond  for  two  thousand  pounds  ster-  lDg  "n,!nr  th? 

i.  -i»  •  r  •     i      i  •  ,-     i  •       protection  of 

ling,    with  such    security  oi  some  inhabitants  ol  this  our  laws. 
country  as  by  the  said  officer  shad  be  adjudged  respon- 
sible not  to  molest  or  trouble  any  shipp  or  vessell  in  the 
jurisdiction  of  Virginia  but  to  abear  himself  peaceably 
towards  all  the  inhabitants  of  this  country  and  all  others 
tradeing  here  under  the  protection  thereof,  and  not  to 
infringe,   but   to   yield  all  due  obedience  to  the  lawes 
here  established,  Bee  it  also  further  enacted,  That  if     Iftimyrc- 
any  master  orcomander  of  shipp  shall  refuse  to  give  such  f"?c> ,10t  ',er" 
bond,    he   shall  be  totally  debarred  from  hnveing  any  trade. 
trade  in  the  country,  Common  reason  prohibiting  those 
to  have  the  profitt  of  the  trade  that   refuse  to  submitt 
to  the  lawes  or  endeavour  to  destro}'  the  priviledges  of 
a  country  they  trade  with,  Bee  it  also  ffurther  enacted..  Penalty  for 
That  what   person  or  persons  soever  shall  presume  to  trading- with 
trade   with  any  master,   merchant  or  mariner  of  any 
shipp,  barque  or  vessell  before  he  hath  seen  the  certi- 
ficate or  hath  certaine  notice,  That  he  the  said  master 
hath    passed    bond   according  to  the  tenor  of  this  act, 
Then    the  person   so  offending  to  pay  2000  lb.  of  to- 
bacco for  a  fine  to  the  collector  of  the  said  imposition, 
who  is   herebj    required  to  make  diligent  enquiry  of 
such  offences  for  the  vse  of  the  countrey. 

The  condition  of  this  obligation  is  such,  That  if  the  co°n,Htionof 
above  bound  shall  well  and  the  bond. 


536  LAWS  OF  VIRGINIA 


peaceably  behave  and  abears  himselfe  towards  all  the 
inhabitants  of  this  countfey  and  also  towards  all  shipps 
and  vessells-,  tradeiug  hither  tVotn  any  piace  or  places 
in  amity  with  the  people  of  England  and  this  place 
without  molesting,  either  the  merchants,  masters  or 
marryners  of  the  said  shipp  or  vessells,  either  on  land 
or  aboard,  also  if  they  shall  according  to  law  well  and 
truly  p^y  or  cause  to  be  paid  the  severall  port  charges 
and  castle-duties  att  the  appointed  places  to  the  respec- 
tive officers  authorized  to  receive  the  same,  And  also 
if  they  shall  before  their  departure  out  of  this  country 
give  good  caution  that  in  case  they  discharge  not  their 
vessells  at  some  port  within  the  English  dominions  in 
Europe,  then  to  pay  for  each  hogshead  of  tobacco  by 
them  exported  ienn  shillings  sterling,  and  if  they  shall 
not  carry  any  passenger  out  of  this  collonie  but  such 
as  shall  legally  procure  a  passe  out  of  the  secretaries  of- 
fice, And  if  they  shall,  before  their  loading,  make  en- 
trie  of  their  shipps  and  when  full  take  out  theire  dis- 
patches for  the  same,  Then  this  obligation  to  be  void. 


ACT  X. 

An  Act  (for  Tenne  Shillings  a  Hogshead  imposed  on 
all  shipps  that  do  not  discharge  inthe  English  Domi- 
nions in  Europe. 

Preamble.  WHEREAS  the  prudence  of  all  nations  hath  pro- 

vided for  the  defraying  the  publiquenecessariecharges 
of  the  countrey  rather  by  laying  an  imposition  vppon 
the  adventurers  for  the  staple  commooities  of  the  coun- 
try   by   the   exportation  of  which  the  greatest  advan- 
tage accrues,  then  by  taxing  the  persons  of  the  inhabi- 
tants, the    present    Grand   Assembly  endeavouring  as 
much  as  in  them  lyes  to  ease  the  burthen  of  the  people, 
And  takeing  into  consideration  the  greate  benefit  that 
accrues    to    other  countries    by  the  customes  ariseing 
from    our    commoditie   tobacco,    And    that   Virginia 
whose  peculiar   staple  it  is,  hath  from  it  nor  from  the 
Duty  «i'  10s.      adventurers  hither  no  publique  advantage,  Wee  have 
evM-y"boea-        thought  it  necessary  and  convenient,    And  accordingly 
head  <>i  u>b.       have  enacted  and  confirmed,  That  all  merchants,  masters 
exported  Gf  shipps   and   mariners  tradeing  to  Virginia  and  not 

bound  to  a        bound    by  charter-party   to  returne  and  discharge  in 
Briiish  port,      any  of  the  English  dominions  in  Europe  shall  pay  for 


MARCH,  1659-60—  11th  OF  COMMONWEALTH,  53? 

everie  hogshead  of  tobacco  they  shall  load  aboard  any 
shipp,  barque  or  other  vessell  arriveing  here  after  the 
ffirst  of  August  next  and  net  bound  as  aforesaid  the 
summe  often  shillings  sterling,  either  in  money,  bills 
of  exchange  with  good  caution,   or  in  good  valuable 
comodities  at    twenty-five  pound  per  cent,  advance: 
Provided  allwaies,  That  all  adventurers,  inhabitants  of  Virginian 
this  country,  trading  in  bottomes  belonging  to  Virginia  owners  ex- 
owners  shall  be  free  from  the  said  imposition,  it  tend-  emi>ted 
ing  to  the  advancement  of  trade  here,  The  encourage- 
ment of  the  inhabitants  to  purchase  vessells,  And  of 
marriners  to  make  this  the  place  of  their  residence. 


ACT  XI. 

An  Act  for  the  anihilation  of  the  Councellors. 

WHEREAS  it  was  enacted  the  last  Assembly,  That  Act  I.  of 
Coll.   Samuel  Mathewes  should  be  Governour  for  two  March,  165* 
yeares,  And  the  Councill  of  State  fixt  during  life,  It  is  -,repe 
thought  fitt  and  enacted,  That  in  regard  the  then  Gov- 
ernour and  Council  dissolved  the  said  Assembly  and 
expressly  declined  the  said  act,   That  the  said  act  be 
repealed  and  the  priviledge  and   power  of  the  Secre- 
tarie   and    Council  of  State   annihilated  made  void 
and  null. 


ACT  XII. 

An  Act  for  establishing  a  Court  of  Admiralty* 

WHEREAS   by  daily  experience  wee  find  the  in-  Preamble 
conveniencies  that  happen  to  the  inhabitants  of  and 
traders  into  this  country  for  want  of  a  court  of  admi- 
ralty, Bee  it  enacted  and  ordained  by  this  present  As-  Gov.  &couu 
sembly,  That  the  Governour  and   Council  shall  have  cil constitute* 
full  power  and  authority  of  a  court  of  admiralty  to  cog-  admiralty, 
noss,   determine  and    administer  justice  in  all  things 
pertaining  to  seafairing,  that  shall  appertaine,  happen  Their  juris 
or  fall  out   (within    the  jurisdiction  of  this   collonie)  diction 
either  between  mariner  and  merchant,  or  mariner  and 
master  as  likewise  all  complaints,  contracts,  otf'ences, 
pleas,  exchanges,  assccurations,  debts,  counts,  char- 
ter-parties, covenants  and  all  other  writings  concern- 
ing lading  and  vnlading  of  shipps,  flVeights,  hyres  and 

3  V 


.338 


LAWS  OF  VIRGINIA. 


all  other  buisiness  whatsoever  among  sea-affairs  done 
on  the  water,  and  where  within  the  limitts  and  the  juris- 
dictions of  Virginia  or  the  lawes  and  cognizance  there- 
of, with  the  cognition  of  writts,  the  causes  and  actions 
of  reprisalls,  of  letters  of  marque  to  take  stipulations, 
cognitions  and  insinuations,  And  to  do  all  other  things 
without  which  the  jurisdictions  of  the  admiralty  can- 
not stand  or  bear  out,  To  make  clerkes,  marshalls  and 
other  officers,  for  the  exercising  of  the  said  jurisdictions 
to  arrest  and  putt  in  execution,  and  to  enquire  by  the 
oathes  of  twelve  men  vponall  offences,  (vizt.)  Against 
pyrats,  their  assistors  or  abettors,  out-traidors  or  re- 
ceptors, against  breakers  of  the  admirall's  arrestments 
and  attachments  against  goods  forbidden,  merchandi- 
zes not  customed  and  yet  shipt  and  transported,  against 
the  resisters  of  the  admirall's  officers  in  executing  pre- 
cepts against  all  sorts  of  transgressions  comitted  by 
seamen  or  any  others  any  way  touching  the  jurisdic- 
tion of  the  admiralty  court. 


Preamble. 


Penally  for 
a  servant's 
laying  violent 
hands  on  his 
master,  mis- 
tress or  over- 
seer. 


ACT  XIII. 

An  Act  that  no  Servant  lay  violent  hands  on  his  Mastei 

or  Overseer, 

WHEREAS  by  the  audacious  vnruliness  of  many 
stubborn  and  incorrigible  servants,  who  by  resisting 
their  masters  and  overseers  have  brought  many  mis- 
cheifs  and  losses  to  divers  pellicular  persons  of  this 
country.  Bte  it  enacted  and  ordained.  That  that  ser- 
vant that  shall  lay  violent  hands  on  his  or  her  master 
or  mistresse  or  overseer  and  be  convicted  thereof,  be- 
fore any  county  court  in  this  country,  the  same  court 
is  hereby  required  and  authorized  to  order  such  ser- 
vant or  servants  to  serve  his  or  their  said  master  or 
mistresse  two  yeeres  after  his  or  their  time  by  inden- 
ture, custom  or  law  is  expired.   , 


Preamble 


ACT  XIV. 

An  Act  for  repealing  an  Act  for  Irish  Servants. 

WHEREAS  the  act  for  Irish  servants  comeing  hi 
without  indentures  enjoyning  them  to  serve  six 
yeeres.  carried  with  it  both  rigour  and  inconvenience. 


MARCH,  1659-60— 11th  OF  COMMONWEALTH. 


539 


many  by  the  length  of  time  they  have  to  serve  being 
discouraged  from  comeing  into  the  country,  And  by 
that  meanes  the  peopling  of  the  country  retarded,  And 
these  inconveniencies  augmented  by  the  addition  of 
the  last  clause  in  that  act,  That  all  aliens  should  be  in- 
cluded, Bee  it  therefore  enacted  and  confirmed,  That 
the  whole  adt  be  repealed  and  made  void  and  null, 
And  that  for  the  future  no  servant  comeing  into  the 
country  without  indentures,  of  what  christian  nation 
soever,,  shall  serve  longer  then  those  of  our  own  coun- 
try, of  the  like  age  :  And  it  is  further  enacted,  That 
what  alien  soever  arrive  here  before  that  clause  was 
inserted  and  that  hath  been  by  vertueof  that  last  clause 
inforced  to  serve  any  time  longer  then  the  custom  of 
the  countrey  did  oblige  them  to  shall  be  allowed  com- 
petent wages  by  their  se^erall  masters  for  the  time  they 
have  overserved,  Any  act,  order  of  court  or  judgment 
to  the  contrary  notwithstanding,  Provided  ahvaies  that 
all  such  aliens  as  came  in  servants  during  the  time  that 
the  said  clause  was  in  force  shall  serve  according  to 
the  tenor  of  that  act. 


Act  85  of 
March,  1657- 
8,  repealed. 
No  distinction 
;is  to  service, 
betw'n  ser- 
vants of  any 
christian  na- 
tion. 

Provision  for 
aliens  arriv- 
ing before  &. 
after  former 
law. 


ACT  XV. 

.in  Act  for  the  Pay   of  Dutch   Masters  bringing  tit 
Runnaway  Servants. 

WHEREAS  by  the  articles  of  peace  with  the  Dutch 
it  hath  been  concluded  that  in  case  the  master  of 
any  runnaway  servants  that  shall  be  brought  into  this 
country  shall  refuse  to  make  payment  for  his  passage 
and  such  other  reasonable  costs  and  disbursments  as 
shall  be  made  appear  due,  that  then  he  should  receive 
his  pay  at  the  secretaries  office,  Bee  it  enacted,  That 
payment  shall  be  accordingly  made  there  by  the  secreta- 
ire or  his  officer,  either  in  money  or  tobacco,  if  to  be 
procured  at  that  time  of  the  yeare  or  else  in  such  other 
commodities  of  the  country  as  can  at  the  time  of  the 
demand  be  produced  to  make  satisfaction,  And  for  the 
raising  the  same,  Bcc  it  further  enacted,  That  the  se- 
cretarie  or  his  appointed  officer  shall  have  power  to  dis- 
pose of  the  said  servant  by  outcry  or  otherwise,  for  so 
long  time  as  will  raise  the  value  disbursed  for  him,  af- 
ter thf1  expiration  of  which  time  he  shall  be  returned 


Preamble. 


Payment  for 
apprehending 
runaway 
Dutch  serv'ts 
to  be  made  at 
the  secretary's 
office. 

How  reim- 
bursed 


■4  .:'/(*» 


LAWS  OF  VIRGINIA, 


to  his  master  from  whence  he  ran  away,  and  serve  him 
the  remainder  of  his  time  by  indenture  and  the  addi- 
tional] time  imposed  by  act.  , 


Butch  &  ali 
strangers  of 
any  christian 
jtation  allowed 
a  free  trade. 
Assurances 
«f  protection. 


Duties. 
Uonds 


,Duty  on  tob. 
produced  by 
sale  of  ne- 
groes. 


ACT    XVI. 

An  Actjor  the  Dutch  and  all  other  Strangers  for  Trade- 
ing  to  this  Place* 

WHEREAS  the  restriction  of  trade  hath  appeared 
to  be  the  greatest  impediment  to  the  advance  of  the 
estimation  and  value  of  our  present  only  commodity 
tobacco,  B>  e  it  enacted  an!  confirmed,  That  the  Dutch 
and  all  strangers  of  what  Xpian  nation  soever  in  am- 
ity with  the  people  of  England  shall  have  free  liberty 
to  trade  with  vs,  for  all  allowable  comodities,  And 
receive  protection  from  vs  to  our  vtmost  powers  while 
they  are  in  our  jurisdiction,  and  shall  have  equall  right 
and  justice  with  our  own  nation  in  all  courts  of  judica- 
ture, Provided  they  give  bond  and  pay  the  impost  of 
tenn  shillings  per  hogshead  laid  vpon  all  tobacco  ex- 
ported to  any  fforreigne  dominions  and  give  bond  ac- 
cording to  act,  Alhvaies  provided,  That  if  the  said 
Dutch  or  other  forreiners  shall  import  any  negro  slaves, 
They  the  said  Dutch  or  others  shall,  for  the  tobacco 
really  produced  by  the  sale  of  the  said  negro,  pay  only 
the  impost  of  two  shillings  per  hogshead,  the  like  being 
paid  by  our  owne  nation. 


No  burge.-N 
of  the  present 
assembly  to 
accept  any 
fcther  office. 


ACT  XVII. 

An  Act  for  debarring  the  present  Burgesses  from  take- 
ing  any  Offices  that  may  take  them  offfrom\  being 
Members  of  the  House. 

WHEREAS  it  hath  bin  thought  fit  for  manie  im- 
portant reasons  to  adjourn  and  not  to  dissolve  this 
present  Assembly,   Bee   it  enacted,  That  the  same  be 

*  By  the  74th  act  of  March,  1657-8,  (ante  pa.  469,)  a  duty  of 
ten  shillings  a  hogshead  was  laid  on  all  tobacco  exported  by  tbc 
Dutch  or  other  foreigners,  in  any  vessel  whatever,  and  bound  to  any 
port,  excepting  only  English  vessels  bound  directly  to  a  port  in 
England.  This  is  another  conclusive  proof  that  the  colonists,  dur- 
ing the  commonwealth,  enjoyed  a  free  trade  with  all  people  in  ami- 
ty with  England 


MARCH,  1659.60— I  lth  OF  COMMONWEALTH.  541 

not  dismembred  of  any  presentBurgesse  by  being  made 
Councellors  or  sherriffs  vntil  the  disolution  of  the  As- 
sembly :  And  if  anie  present  member  shall,  contrary 
to  this  act,  presume  to  accept  of  either  of  the  said 
places  whereby  he  may  be  rendred  incapable  of  serv- 
ing as  a  Burgesse,  Bee  it  further  enacted,  That  he  pay  Penalty 
tenn  thousand  pounds  of  tobacco  fine  for  his  contempt, 
The  fine  to  bee  disposed  of  by  the  Assembly. 

ACT  XVIII. 

An  Act  concerning  Appeales. 

WHEREAS  the  act  restraining  appeals  is  found  in-  App(,als  ioi 
convenient,  Bee  it  therefore  enacted,   'I  hat  the  said  act  any  amount 
be  made  void  and  appeals  from  county  courts  toquar-  allowed. 
ter  courts,   and   from  quarter  courts  to  Assemblies  for 
what  value  soever  for  the  future  be   laid  open,  Provi- 
ded that   if  the   appellant  be  cast  in  the  court  he  ap-  Dama^osone 
peales  to  he  shall  pay  halfe  the  value  of  the  debt  to  the  half  the  debt. 
appellee  for  his  damages   beside  all  costs  of  suites,  Not  to  ex- 
Provided  that  this  act  extend  not  so  the  act  prohibiting  fr0m  Nor'amp- 
appeales  from  Northampton  county,  vnder  a  certaine  ton  county. 
value,  which  is  yet  in  force,  Provided  also,  That  no  ap-  ^°  «PP^al  u}} 

ii  i  mi   •      i  ■  i      »      i     i         •         final  judgmt. 

peale  be  made  vntill  judgment  be  passed,  And  thatju-  jur;es  to  as- 

ries  be  empannelled  to  enquire  of  the  damages  in  all  sess  damages 

inixt  and  reall  actions  by  the  court  where  the  appeale  on  aPP,|f:' 
is  tryed. 


ACT  XIX. 

An  Act  concerning  the  Trusting  of  Indians. 

WHEREAS  many  English  tradeing  with  the  Indi-  Preamble 
ans  out  of  an  inordinate  coveteousness,  trust  the  said 
Indians  with  more  truck  then  they  are  able  to  pay  for, 
And  after  makeing  vse  of  the  benefttt  of  our  lawes  with 
which  the  Indians  are  vtterly  vnacquainted,  imprison 
the  persons  and  attach  their  goods,  which  provocations 
may  in  time  contract  a  warr  vpon  the  country:  Bee  it 
enacted,  That  what  Englishman  soever  shall  hereafter  N?  recovery 

¥     ,.  .  ,  °  ...  ,       r  of  debts  from 

trust  any  Indian  with  any  commodities  or  truck  of  Indians. 
what  value  soever  he  shall  do  it  at  his  own  perill,  But 
shall  not  have  benefitt  of  any  arrest,  plaint,  suite  or 
processe  at  lawe  to  recover  the  same,  And  all  courts 
of  justice  and  their  officers  to  take  notice  hereof  and  to 
oroceed  accordinglv. 


642 


LAWS  OF  VIRGINIA, 


ACT  XX. 


Preamble. 


Register  of 
marriages, 
deaths  and 
births  to  be 
kept  in  each 
parish. 

To  be  certified 
to  the  clerk  of 
the  co'ty  court. 


Penalty  for 
failing'  to  give 
notice. 


For  failing  to 
certify. 


Otlicer  ap- 
pointed by 
vestrv 


An  Act  to  record  all  Marriages,  Births  and  Burialls, 

WHEREAS  many  differences  arise  about  the  age 
of  orphants,  and  enquiries  are  often  made  for  persons 
imported  into  the  collonie,  of  whose  death  no  positive 
certificate  can  be  granted  for  want  of  registers,  Bee  it 
therefore  enacted,  That  every  parish  shall  well,  truly 
and  plainly  record  and  sett  downe  in  a  booke  provided 
for  that  purpose,  all  marriages,  deaths  and  births  that 
shall  happen  within  the  precincts  of  the  parish,  and  in 
the  month  of  March  in  every  yeare,  the  person  ap- 
pointed by  the  parish  so  to  do,  shall  make  true  certifi- 
cate into  the  clerke  of  every  county  to  the  intent  the 
same  may  there  remaine  on  record  for  ever,  And  if 
any  master  of  a  ffamily  or  any  other  whose  duty  it  is  to 
give  notice  and  information  to  the  partie  that  is  appoint- 
ed  to   enter  the  same  on  record  shall  faile  to  doe  the 


same  within  one  month  after  such  marri 


age, 


death  or 


birth  shall  for  every  such  default  forfeit  one  hundred 
pounds  of  tobacco,  And  if  such  persons  as  are  appoint- 
ed by  the  parish  shall  faile  to  make  such  returues  to 
the  clerke  of  everie  county  in  the  said  month  of  March 
as  aforesaid  shall  forfeit  one  thousand  pounds  of  tobac- 
co, The  one  moety  of  the  said  forfeiture  to  be  paid  vn- 
to  the  governour,  The  other  moety  to  such  person  or 
persons  as  shall  discover  the  same,  and  make  proofe 
thereof  in  any  court  of  record  within  this  collony,  to 
bee  recovered  by  the  vsuall  action  of  debt  in  any  of  the 
said  courts,  And  the  vestry  of  each  parish  vpon  pub- 
lication of  this  act  to  appoint  such  an  officer  in  every 
parish. 


Adjournm  t 
of  asseoiblv. 


ACT  XXI. 

An  Act  for  the  adjourning  of  the  Assemblie. 

BEE  it  enacted  and  confirmed,  That  this  Assembly 
be  adjourned  to  the  twentieth  of  March,  1660,  But 
if  the  governour  find  occasion  by  the  importance  of 
affaires  to  conveene  it  sooner,  It  is  further  enacted, 
That  he  issue  forth  his  sumons  to  the  present  Burges- 


MARCH,  1659-60— 11th  OF  COMMONWEALTH. 

ses,  who  are  hereby  required  to  make  their  appearance 
at  James  Citty  accordiug  to  the  tenor  thereof. 

Wm.  BERKELEY. 


THEODE:  BLAND,  Speak 


cr. 


543 


ORDERS^ 


OF  A 


&MMW  ASSHUB&I 


HELD  ATT  JAMES   CITTIE,  MARCH   13TH,  1659-60, 


Sir  Wm.  BERKELEY,  Kn't.  Governour  and  Capt. 
Generall  of  Virginia. 

Mr.  Theoderick  Bland,  Speaker. 

ORDERED  that  the  port-charges  and  castle  duties 
of  all  shipps  arnveiug  and  lading  in  any  the  ports  or 
rivers  within  the  jurisdiction  of  Virginia  shall  be  paid 
to  the  honourable  Sir  William  Berkeley,  Knight,  Go- 
vernour and  Captain  Generall  of  of  Virginia,  att  the 
severall  places  and  to  the  severall  persons  by  him  ap- 
pointed to  receive  the  same,  And  it  is  further  ordered, 
That  all  such  ships  as  have  arrived  in  any  part  of  this 
countrey  since  the  decease  of  the  right  late  honourable 
the  Governour,  Coll.  Samuell  Mathewes,  In  case  they 
have  not  alreadie  paid  the  said  port-charges  and  castle- 
duties  forthwith  make  payment  of  the  same  to  the  said 
honourable  Sir  Wm.  Berkeley,  kn't.  or  his  order,  And 
in  case  any  shipps  have  gone  out  of  the  country  without 
payment  made  as  aforesaid,  It  is  then  ordered,  That 
imediately  after  their  next  returne  into  the  countrey 
payment  may  be  made  accordingly  for  the  vse  aforesaid. 
According  to  act  of  Assembly  in  that  case  provided, 


Port  charge  a 
and  castle- 
duties  payable 
to  Sir  Wm. 
Berkeley- 


Provision  in 
case  of  ship? 
which  arriv- 
ed after  the 
death  of 
Mathcvc- 


"  These  appear  to  be  Resolutions  of  the  assembly,  on  private  and 
local  subjects,  as  contra  distinguished  from  Ads,  which  are  of  genera' 
-  oncern 


J44 


LAWS  OF  VIRGINIA, 


And  all  persons  that  by  vertue  of  any  power  now  or 
formerly  granted  them  have  received  the  said  port- 
charges  and  castle-duties  are  hereby  ordered  to  make 
present  payment  of  what  they  have  soe  received  vnto 
the  said  honourable  Sir  William  Berkeley  or  his  order. 


Declination 
of  the  house 
assigning 
reasons  for 
assuming  the 
powers  of  go- 
vernment. 


ORDERED,  That  the  declaration  alreadie  drawne 
vp  and  read  in  the  House  demonstrating  the  reasons 
and  grounds  of  the  Assemblies  assumeing  the  power 
of  the  government  be  forthwith  proclaimed  and  pub- 
lished, And  the  declaration  recorded.* 


Sir  William 
Berkeley  de- 
sires the  ad- 
vice and  con- 
currence of 
the  late  coun- 
cil on  his  ac- 
ceptance of 
the  govern- 
ment. 


WHEREAS,  the  honourable  Sir  William  Berkeley 
desired  the  advice  of  the  late  Councellf  and  their  con- 
currence in  his  acceptance  of  the  government,  It  is  or- 
dered, That  he  have  the  free  liberty  of  treating  with 
them,  And  that  his  letter  and  their  subscription  ap- 
proving his  election  be  recorded. 


Sir  William 
Berkeley's 
acceptance 
of  the  office 
of  governor. 


ORDERED,  That  the  declaration  of  Sir  William 
Berkeley,  Kn't.  to  be  governour  and  Capt.  Gen- 
nerall  of  Virginia,  and  to  enjoy  the  obedience  of  the 


*  This  declaration  has  probably  been  lost  with  many  oilier  public 
records  of  the  colony.  Its  import  may,  however,  be  discovered  in  the 
lirst  act  of  March,  1659  60  ;  which  assigns  as  a  reason  for  taking  the 
government  into  the  assembly's  hands,  "  that  there  was  no  resident, 
absolute  and  general  confessed  power  in  England. — This,  doubtless 
had  an  allusion  to  the  interregnum  in  that  country  ;  it  being  between 
"he  resignation  of  Richard  Cromwell,  on  the  22d  of  April,  1659,  and 
the  restoration  of  Charles  II.  on  the  29th  of  May,  1660. 

t  By  the  first  act  of  March,  1(558-9,  Samuel  Mathewes  was  elected 
governor  for  two  years,  the  existing  councillors  were  declared  to  be 
the  Council  of  State,  and  future  councillors  were  to  hold  their  office 
for  life,  removable  only  by  the  Grand  Assembly,  for  high  misdemeanors. 
The  governor  and  council  having  negatived  that  act,  as  appears  by  thft 
Xlth  act  of  March,  1659-60,  and  Mathewes  being  moreover  dead,  it 
might  well  be  doubted,  whether  there  was,  al  (his  time,  any  executive 
government  in  Virginia.  This  state  of  things  probably  gave  rise  to  the 
above  resolution,  and  the  election  of  Berkeley  as  governor.  If  the 
royal  standard  had,  in  truth,  been  erected,  as  represented  by  all  the 
English  historians,  surely  we  should  have  had  some  intimation  of  it, 
in  seme  of  the  proceedings  of  this  assembly. 


MARCH,  1659-60—1  lth  OF  COMMONWEALTH.  545 

people  be  forthwith  proclaimed  by  the  high  sherriff  of 
■James  Citty  County  and  the  declaration  to  be  re- 
corded. 

ORDERED,  That  Collonell  Man  waring  Hamond,  Major  General 
according  to  the  desire  of  Sir  William  Berkeley,  Kn'u  «PP»'«"ed. 
Governour  and   Capt.  Generall  of  Virginia,   be  con- 
stituted, authorized  and  made  Major  Generall  of  Vir- 
ginia. 

ORDERED,  That  John  Johnson,  millright,  being  John  Johnson- 
a  Dutchman  be  for  the  encouragment  of  other  artifi-  »tln.,lt,('d  a 

r      ,  .  i-ii  i       •  denizen. 

cers  oi  what  nation  soever  admitted  to  be  a  denizen 
of  Virginia,  he  haveing  been  resident  here  much  lon- 
ger then  the  act  for  denizens  requires,  And  intending 
according  to  the  tenor  thereof  to  make  this  the  place 
jf  his  future  residence,  Therefore  vpon  oath  taken  ac- 
cording to  act,  his  letters  of  denization  are  ordered  to 
issue  forth. 


WHEREAS  Richard  Bushrod  exhibiting  at  petition  Bushrod  vs. 

3gainst  Thomas  Brereton  about  a  parcell    of  land  in  Breretoo, re- 

Potomack   River,   which  land   the  said  Bushrod  pre-  trial  at  law 

lends  the  said  Brereton  surreptitiously  procured  order  this  suit  being 

to  pattent,  he  is  referred  to  take  his  co-.irse  against  the  fxti  a  judicially 

•' ,    r>  ,  ,  .  .  .  P  hio  t  in  the 

said  tfatreton  at  the  comon  law,  this  petition  extra-  assembly, 
judicially  brought  into  the  Assembly. 


WHEREAS  severall  parishes  have  exhibited  to  this  No  shei-ifl" 
Assembly  their  complaints  against  the  sherriiTes  of  the  sh;1"  ,efuse 

•'.'".  ,  c    toholdanelec 

county  lor  rctuscing  to  take  notice  or  make  returne  ot    tion  for  a  pa- 
the  Burgesses  by  them  elected,  Whereby    their    pri-  rochialbur- 
viledgesgraunted;them  by  the  law  have  been  infringed,  uuestcdltbVth.- 
It  is  therefore  ordered  that  no  sherriiTfor  the  future  vp-   vestrv 
on  the  desire  of  the  vestry  to  have  a  parochial  Bur- 
gesse  manifested  to  him   shall  refuse  to  convene  the 
people  at  a  certaine  time  and  convenient  place,  And  be 
there  present  to  take  oft*  their  election  and  accordingly 
to  returne  their  Burgesse- 


ORDERED,  That   the  comiltee  lor  auditing  the   p0w«i  ... 
accompts  of  the  collectors  of  two  shilling  per  hhd.  be  committee  . 

3W 


546 


LAWS  OF  VIRGINIA, 


audit  collect- 
or's acco'ts. 


impowered  to  examine  wktnesses,  administer  oathes, 
and  all  other  legall  meanes  to  vse,  whereby  the  truth 
of  the  said  accompts  may  be  the  more  certainly  mani- 
fested. 


Govrmay  ORDERED,  That  the  honourable  Sir  Wm.  Berkc- 

elect  one  mem-  ]ey  may  at  [Hs  pleasure  elect  &  swear  one  person  to 

coundl'who  De  °f  llie  Couneell  of  State,  Provided  he  be  no  mem- 

skull  not  be  a  ber  of  this  House. 

member  of 

the  house.  ' '      "" 


Salary  of  the 
governor. 


ORDERED,  That  the  honourable  Sir  William 
Berkeley,  Knight,  shall  be  allowed  for  his  support  of 
the  government  besides  castle-duties  and  lycences, 
seaven  hundred  pounds  sterling  out  of  the  imposition 
of  the  two  shillings  per  hogshead  and  fifty  thousand 
pounds  of  tobacco  out  of  the  levy,  And  the  customes 
of  all  Dutch  vessells  tradeing  hither  from  the  Mana- 
dos  if  anv  such  come. 


Suits  against 
executors  of 
Samuel  Ma- 
thewes  remov- 
to  q'r.  court. 


WHEREAS  there  are  severall  actions  entred  a- 
gainsithe  executors  of  the  estate  ofSamuell  Mathewes, 
Esq.  deceased  to  the  county  court  of  James  Cittie, 
Which  actions  the  executors  have  desired  might  be 
heard  before  the  Governour  an  1  Council,  //  is  accord- 
ingly ordered,  That  all  the  said  suites  shall  be  heard  on 
the  sixth  day  of  the  next  quarter  court,  Provided  the 
executors  give  notice  to  the  severall  creditors  that  they 
may  then  and  not  before  attend  to  prosecute. 


Writ  of  ease  ORDERED,  That  Robert  Lawrence  according  to 

grated  to  a      hjs  petiLl011  nave  a  Wrilt  of  ease  granted  him  from  his 
commit,  r.  .       r        ,„    .  .   °        .       .  r 

of  co'ry  court,    future  officiateing  as  a  comissioner  in  the  county  of 

Nanzemund. 


Permission 
to  c:irry  an 
Indian  boy 
into  iingland. 


ORDERED,  That  John  Beauchamp,  merchant,  be 
permitted  to  carry  his  Indian  boy  into  England,  Pro- 
vided that  at  the  county  court  in  Charles  Cittie  Countie 
he  make  it  appeare  that  he  hath  the  consent  ol  the  said 
Indian  boy's  parents  soe  to  doe. 


MARCH,  1659-60— 11th  OF  COMMONWEALTH.  547 

WHEREAS  the  king  of  Wcanoak  hath  shewed  that  Protection 
by  reason  of  many  disadvantageous  bargaines,  made  from  arres,s 
with  the  English  his  debts  are  at  present  greater  then  fhTkingof 
his  abilHties  to  pay,  sne  that  he  hath  by  his  English    Weanoak. 
creditors   bin   imprisoned    whereby    much  detriment 
hath  a  cere  wed  to  the  publique,  It  is  according  to  his 
petition  wherein  he  offers  security  ordered  that  a  pro- 
tection be  granted  him  against  ail  arrests  for  any  ac- 
tion of  debt  vntill  the  first  of  March  next,  of  which  all 
sherriffes  and  their  deputies  are  required  to  take  no- 
tice and  commanded  not  to  serve  any  writt  or  warrant 
vpon   him,  before  the  said  first  of  March  as  they  will 
answer  the  contempt  at  their  perill. 


WHEREAS  the  many   important  favours  and  ser-  John  West 
vices  rendred   to  the  coimtrey  of  Virginia  by  the  no-  and  »'amily 
ble  family  of  the  West,  predecessors  to  Mr.  John  West,  %™ j^ 
their  now  only  survivor,  claim  at  least  that  a  gratefull  in  considera- 
remembrance  of  their  former  merrits  be  still  continu-  tionofthe 
ed  to  their  survivor.  It  is  ordered.  That  the  levies  of  hil  ancestors 
the  said  master  West  and  tits  ffamily  be  remitted,  and 
that  he    be  exempted  from  payment  thereof  during 
life. 


IT  is  agreed  vpon  in  the  House,  That  the  nomina-  Governor  to 
tion  and  choice  of  the  several!  collectors  of  the  impo-   appointcot- 
sition  of  two  and  term  shillings  per  hhd.  of  tobacco  be  po^duties* 
wholly  referred  to  the  consideration  of  the  honourable 
Sir  William  Berkeley,  Knight. 


ORDERED,  That  according  to  the  desire  of  the  Wm.Ciai- 
honourable    Sir    William    Berkeley,     Coll.     William   borneappoiafc 
Claiborne  bee  confirmed  in  the  office  of  Secrelarie  of  ^retaryof 
State. 


ORDERED,  That  Coll.  Thomas  Swann  pay  thir-  j^m'ta^t 

ty  fom  pounds  six  shillings  and  nine  pence  being  the  Thog.  Swan 

ballance  of  his  accomnt  of  collection  for  the  vse  of  the  !^,,:il;,,,il"duc 

I  lad  the  public 

puMiquc  to  such  person  or  persons  as  the  Assemblie 
*hall  appoint. 


54S 


LAWS  OF  VIRGINIA, 


Discoveries 
authorised  &. 
encouraged. 


WHEREAS  it  hath  been  formerly  granted  by  act 
of  Assemblie  in  one  thousand  six  hundred  fourty  and 
one,  And  by  order  of  Assembly  in  one  thousand  six 
hundred  ffifty  and  two,  ffor  encouragement  of  disco- 
verers to  the  westward  and  southward  of  this  countrey, 
granting  all  profitts  ariseing  thereby  for  fourteen 
yeeres,  It  is  by  this  Assembly  ordered,  That  Mr.  Fran- 
cis Hamond  and  his  associates  either  joyntly  or  sever- 
ally may  discover,  And  shall  enjoy  such  benefitts,  pro- 
fitts &  trades  for  fourteen  yeeres  as  he  or  they  have 
found  or  shall  find  out  in  places  where  no  English  ever 
have  been  or  discovered  or  have  had  perticular  trade, 
And  to  take  vp  such  lands  by  patients  (proving  their 
rights)  as  they  shall  think  good,  not  excluding  others 
alter  their  choice  (from  takeing  vp  lands  and  planting 
in  those  now  new  discovered  places  as  in  Virginia  now 
is  vsed,)  But  wholly  from  the  trade  during  the  said 
fourteen  yeeres,  that  being  wholly  appropriated  to  the 
said  Francis  Hamond  and  his  associates. 


Cary  vs 
Br>  wcr. 
Right  of 
common  ad- 
judged to  in- 
habitants of 
Stanley  hun- 
dred, 


WHEREAS  a  suite  hath  long  depended  between 
Mr.  Miles  Cary  and  Mr.  John  Brewer,  proprietor  ot 
land  in  Stanley  Hundred  and  Mr.  John  Harlowe  about 
ffiftie  acres  of  land  given  by  order  of  the  Governour 
and  councell  in  the  yea  re  one  thousand  six  hundred 
thirty-one,  for  a  com'on  vnto  the  inhabitants  of  the 
said  Stanly  Hundred  which  grant  of  the  Governour 
and  Councell  appearing  valid  by  the  Grand  Charter 
exhibitted  to  the  comittee,  It  is  therefore  ordered. 
That  the  said  fifty  acres  be  confirmed  to  the  said  in- 
habitants of  Stanly  Hundred  according  to  the  grant, 
And  that  the  pat  tent  for  the  same  granted  to  Mr.  Har- 
lowe be  made  void  and  null. 


Escheated  WHEREAS  John  Hope,  lately  of  New-Kent,  died 

land,  for  want    in testate,  and  at  the  time  of  his  death,    was  possessed 

how  disposed     °f  a  certain  divident  of  land  to  which  no  heire  as  yet 

of.  hath    appeared   to  make  claime,  And  John  Barber, 

administrator  of  the  said  Hope's  estate   haveing   still 

assets  in  his   hands,   And    the  county  of  New-Kent 

haveing  paid  above  two  thousand  pounds  of  tobacco  tor 

accompt  of  the  said  Hope's  debt,  It  is  therefore  ordered. 


MARCH,  1G59-60—  11th  OF  COMMONWEALTH.  549 

that  the  said  land  remain  in  the  possession  of  the  co- 
missioners  of  the  said  county  of  New-Kent  for  the  vse 
of  the  county  vntil  an  heire  appeare. 

WHEREAS  Edward  Prescott  on  the  third  day  of  Prescott  vs. 
December  in  the  year  one  thousand  six  hundred  fifty  Andrewes. 
and    nine    obtained   an    order   of  the  quarter   court  awarded68* 
against    William    Andrewes  for  four  hundred  and  sea- 
ventie  pound  sterling,  It  is  ordered,  That  a  supersedeas 
be  granted  to  the  said  Andrewes  to  make  stay  of  exe- 
cution vpon    the   said   order,  Provided  the   said  An- 
drewes give  notice  to  the  said  Prescott  that  the  case  is 
to  be  reheard    the  sixth  day  of  the  next  quarter  court, 
And   that    he  give    good  security  for  payment  of  the 
damages  that  the  said  Prescott  may  sustaine  by  reason 
of  the   said   stoppage  of  proceedings  in  case  the  said 
Andrewes  be  cast  in  the  suite. 


WHEREAS  Mr.  Theodorick  Bland  petitioned  this  Bland  vs. 
Assemblv  for  damages  in  a  case  wherein  he  had  judg-  Dromorul  da 

11  ?,  ,,      ,„.„.  t\  *    mages  award 

ment  the  last  Assembly  against  Mr.  V\  ilhani  Dromond   e(j. 
who  was  attornie  of  the  Coheires  of  Basse,  It  is  or- 
dered, That  the  said    Dromond   pay    vnto   the   said 
Bland  two  thousand  five  hundred  pounds  of  tobacco 
damages  according  to  act  als.  execution. 


ORDERED,  That  two  thousand  pounds  of  tobacco  Wages  of  a 
be   paid  vnto  Mr.  Phillip   Mallary  for  his  officiateing  chaplain 
at  the  two  last   Assemblies  out  of  the   levy  in  Yorke 
county. 

ORDERED,  That   Mr.  Peter  Lansdale  and  Mr.  Preachers  at 
Phillip  Mallory  be   desired  to  preach  at  James  towne  next  asse,nb,v 
the  next  Assembly. 


ORDERED,  That  the  appointment  of  the  collec-  Appointment 

tors  for  gathering  the  imposition  of  two  shillings  per  °f  collectors 

hogshead  be   wholly    referred    to   the  honourable  Sir  sir  W.  Berk* 

William  Berkeley.  ley. 


THE  widow   Hudson  extrajudicially  bringing  into  Acausein 
the    Assembly    a    petition    against   Collouel   William   l!'e  ;tsseml)l>' 

.  J  r  o  dismissed  as, 

Clayborne  is  referred  to  take  her  course  at  thecomon   extrajudicial!: 
lawe.  wrought 


550 


Arrearages 
due  to  Sir 
Wm.  Berke- 
ley, how  col- 
lected and 
paid. 


LAWS  OF  VIRGINIA, 

WHEREAS   it  appeares  that  there  was  levied  for 
Sir  William    Berkeley   vpou  the  county  of  Lancaster 
(which   then   included  the  whole  river  of  Rappahan- 
nock) twelve  thousand  six  hundred  pounds  of  tobacco, 
And  vpon  the  county  of   Northumberland,  including 
then  the   whole  side  of  river  of  Potomak   in  Virginia, 
twenty-one  thousand  eight  hundred  eighty-eight,  And 
that  there  was  more  due  to  the  said  Sir  William  Berke- 
ley ten  pound  per  pole  for  corne  to  have  been  paid  by 
the   then    tithables,  It   is  ordered,  That  in   case  the 
comissiouers  of  the   said    counties  or   rivers  haveing 
power  by  special  warrant  to   cause  the  then  collectors 
to  bring  in  their  accompts,  do  not  by  the  tenth  of  Oc- 
tober next  make  it  appeareto  the  Governour  and  Coun- 
cell,  That  the  said   tobaccoes   have  been  paid  to   the 
said  Sir  William  Berkeley  or  his  order.  That  then  the 
said   comissiouers  take  course  to  levie  the  same  vpon 
the  persons  delinquent  or  else  make  satisfaction  of  the 
premisses  als.  execution. 


Proceedings 

bi/noATbe         ORDERED,  That  none  of  the  transactions  of  the 
discussed  at       last  Assembly  bee  at  all  disputed  of  this  session. 

tli  ij. 


John  Har-  ORDERED,  That  in  case  Mr.  John  Harlowe  cleare 

loue  suspend-       1   •  \c  c      -I  1   "  i  •  i   ■         i 

edasacom-      bimselfe    of    the  objections  now  made  against   him  he 
missioner.         shall  be  restored  to  his   former  place  in  the  comission; 
but  vniill  then  he  stand  suspended. 


But  one  court 


ORDERED,  that  the  orders  of  Assembly  permit- 
to  foe  held  in         .  .  .  ' .  J    r 

Isle  of  Wight,  tmS  tl)e  comissiouers  of  the  Isle  of  Wight  county  to 
keep  two  courts,  bee  reversed,  made  void  and  null, 
and  that  they  keep  only  one  court,  and  that  to  be  held 
at  the  vsual  place  as  before  the  courts  were  devided. 


Burgesses 
wave  their 
privileges  as 
to  arrests. 


IT  is  vnanimously  agreed  vpon  by  the  Burgesses 
that  they  will  not  c  Lai  me  the  priviledge  of  a  Burgesse, 
Exempting  them  from  arrests,  during  the  time  of  the 
adjournment  of  this  present  session :  But  that  they  will 
be  ten  dayes  after  the  expiration  of  this  session  subject 
to  arrests,  Judgment  and  execution  against  their  es- 
tates but  the  persons  to  be  still  free. 


MARCH,  1659-60—  11th  OF  COMMONWEALTH.  551 

ORDERED,  That  vpon  an  amhentique  power  le-  Payment  di- 
gally  attested  from  alderman  Jackson  and  alderman  recl '(1 '"  ■*" 
Browne  of  Bristol   produced  to   the  eomittee  for  pro-  l,^'",,!)   W 
portioning  the  levy  they  shall  be   authorized   to  make  Brown. 
payment  to  their  said  attorney  of  twenty-two  thousand 
sixhundred   eighty-one  pounds  of  tobaccoe,  He  give- 
ing  them  a  sufficient  discharge  to  acquit  the  country 
from  any  further  claims. 


ORDERED,  That  seaventy  one  thousand  five  hun-  Expenses  of 
dred  pounds  of  tobacco  the  same  allowance  of  the  soul-  |he  la<e  war 

,.  ,  .     .  .  .  ,    in  Accomack. 

diers  that  were  carried  over  to  Accomack  be  also  paid  how  paid. 
to  the  inhabitants  of  Accomack  for  the  full  charge  of 
all   the  late  warr,  Provided  that  twenty-two  thousand 
six  hundred  eighty-one  pound  of  tobacco  be  deducted 
out  of  the  same,  It  being  paid  for  a  debt  long  since  due      "' 
from  the  said  county  to  the  publique. 


ORDERED,  That  the  Secretaire  issue  forth  all  sum-  hov/8"mihon 

ons  for  Assemblies  ex  officio,  And  that  sherriffs  sumon  ed. 

all  persons  to   bring  in   accompts  of  orphants  estates,  •*,Vof|i*,!j* 

And  the  clerkes  of  county  courts  register  the  s?id  ac-  m  relation  to 

COinptS  ex  officio.  orphans' 

m^^m  estates. 

ORDERED,    That   the   sherriffes  of  the    several!  Lists  of  tith- 

cotinti.  s  returne  the  list  of  their  scverall  tilhables,  into  ab,(>s>  wfa"> 
the  Secretaries  office  by  the  first  of  September  next,At;d 

that  the  Governour  and  Councell  proportion  the  levy  Levy,  how 

made  this  session,  And  enquire  what  sherriff  have  been  aPPr«P"a*ed. 

delinquent   in    returning   the  writts  for  the  Burgesses  Sheriffs  to  be 

and  fine  each  offending  sherrine  six  hundred  pounds  fined, 
of  tobacco. 


Extracts  from  the  Minutes  of  the  Proceedings  of  the 
Governor  and  Council  of  Virginia. 

[From  a  MS.  belonging  to  Thomas  Jefferson,  President 
of  the  United  States,  which  was  purchased  by  him 
from  the  Executor  of  Richard  Bland,  deed.'] 

Dec.  Kith,  1631. 

BECAUSE  Edw.  Grymes  lay  with   Alice  West  he 
gives  security  not  to  marry  any  woman  till  further  or 
der  from  the  Governour  and  Council. 


552  LAWS  OF  VIRGINIA. 

March  25th,  1630.  Tho :  Tindall  to  be  pillory'd  2 
hours  for  giving  my  L'd.  Baltimore  the  lye  &  threat- 
ning  to  knock  him  down. 

6th  Sbr.  1631.  The  first  informer  of  any  slander- 
ous reports  of  Governour  or  Council  were  to  have  the 
fine ;  this  day  one  was  whipt  and  lost  his  fine  for  con- 
cealing such  a  slander. 

Henceforward  a  court  every  Munday  14night  to  be 
held  at  James  City,  one  Councellor  to  be  there,  all  of 
'em  to  take  their  turns. 

1  Feb.  1632  Two  maids  got  with  child  at  sea.  or- 
dered to  be  sent  back  again. 

Dec.  1633.  The  Compa's.  Governor  used  to  grant 
patents  here  and  after  the  compa.  confirmed  them,  and 
after  their  dissolution  the  K.  confirms  all  patents  made 
in  their  time  agreeable  to  their  laws. 

When  large  tracts  of  land  were  petitioned  for  and 
the  Guv'r.  and  Council  were  willing  to  grant  it,  they 
used  to  recommend  it  to  the  King's  com'rs.  for  the  af- 
fairs of  this  colony  for  confirmation. 

1639.  The  King's  letter  commanding  assistance  to 
Jflenry  L'd.  Maltravers  in  seating  Carolina  to  whom  it 
was  granted. 

1640.  A  midwife  administered  an  oath  to  a  preg- 
nant woman  and  the  child  born  in  marriage  adjudged 
another  man's. 

Stephen  Reekes  put  in  pillory  2  hours  with  a  paper 
on  his  head  expressing  his  offence,  fined  £  50  sterling 
and  imprisoned  during  pleasure  for  saying  that  his  ma- 
jesty was  at  confession  with  the  L'd.  of  Canterbury. 

Robert  Sweet  to  do  penance  in  church  according  to 
laws  of  England,  forgetting  a  negroe  woman  with  child 
and  the  woman  whipt. 

Francis  Willis,  Clerk  of  Charles  River  court  turned 
out  of  his  place  and  fined  for  speaking  against  the 
laws  of  last  Assembly  and  the  persons  concerned  in 
making  them. 


END  OF  THE  FIRST  VOLUME 


y 


IUBJBS 


TO   THE 


FIRST  VOLUME 


Of   THJ. 


STATUTES  AT  LARGE. 


ABSCONDING  DEBTORS. 

See  Attachment. 

ACCAWMACKE, 

One  of  the  original  counties  224. 
Name  of,  changed  to  North- 
ampton 249.  Disturbances  in, 
380.  How  quieted  380,  384. 
Expenses  of  war  in,  how  paid 
550. 

ACCOUNTS. 

Limitation  of  actions  on,  301. 
Exception  302.  Further  ex- 
ception in  favour  of  officers  of 
court  312.  Not  recoverable 
without  writing  485-6.  But 
if  the  debtor  will  not  deny  the 
debt,  on  oath,  the  court  may 
give  judgment  486.  Not  to 
extend  to  decedents'  estates 
486. 
ACTS   OF  ASSEMBLY. 

All  former  acts  repealed  177, 
180.  How  published  177, 
202.  Not  to  be  contravened 
by  proclamation  or  order  of 
court  264, 447.  Penalty  for  re- 
sisting execution  of,  270.  All 
acts  contravening  the  provisi- 
onal government  repealed  53 1 . 
ACT  OF  NAVIGATION, 

Passed  in  1651,  never  enforced 
in  Virginia  513,  note. 


ADMINISTRATION 

On  decedents'  estates,  where  to 
be  taken  302,  447,  479.  Let- 
ters of,  not  grantable  till  after 
third  quarter  court,  except  to 
widow  400,  479.  Order  of 
paying  debts  400.  Estate, 
how  sold,  400,  479.  Quietus 
401,  447,  479.  Surplus  es- 
tate, how  disposed  of  401 ,471 
ADMINISTRATORS. 

See  Executors  and  Administra- 
tors. 

ADMIRALTY, 

Court  of,  established,  composed 
of  the  Governor  and  Council 
537.  Their  jurisdiction  537- 
8. 

ADULTERY. 

Singular  judgment   of  the   Go- 
vernor and  Council  for,  145, 
note.       How    presented    240, 
310.     Punishment  of,  433. 
AGREEMENT 

With  the  Governor  of  Maryland 
as  to  commerce  276. 
ALARMS, 

Adjoining  plantations  to  assist 
in,  174,  198.  No  guns  to  be 
shot  at  drinkings,  except  at 
marriages  and  funerals  401-2. 


:x\i 


INDEX. 


A. 


ALIENS. 

All   alien?    compellable  to  serve 
as  long  as  Irish  servants  471. 

ALLEGIANCE.— See  oaths. 

Oath  of,  to  be  administered  To 
each  passenger,  on  his  arrival 
at  Point  Comfort  JG6,  191. 
Punishment  for  refusing-  to 
take  it  166,  191,  214. 
AMENDMENTS, 

To  the  Constitution  of  the  Unit- 
ed States  26.  30. 

AMMUNITION 

To  be  provided  for  each  planta- 
tion 127.  Payable  at  the  fort 
of  Point  Comfort  176,  191, 
218.  Not  to  be  sold  to  Indi- 
ans 219.  Or  lent  to  Indians 
255.  Penalty  for  bartering  or 
selling  to  Indians  441.  For 
lending  441.  Free  trade  al 
lowed  with  Indians  for,  525. 
Every  man  to  be  provided 
with  a  gun,  and  certain  quan- 
tity of,  525. 
ANCIENT  CHARTERS, 

To   the   colony  of  Virginia  57, 
118. 
ANCIENT  RECORDS, 

Relating  to  Virginia,  some  ac- 
count of,  76. 

APPEALS 

Allowed  from  monthly  courts  to 
Governor    and    Council    125, 
272,  477.     And  from  quarter 
courts  to  Assembly  272.    Da- 
mages  on,  272,   334.     From 
county  courts  to  quarter  court 
and  from  quarter  court  to  As- 
sembly 304.      When  to  be  al- 1 
lowed   334.     All   former  laws! 
concerning,  repealed,  and  newj 
regulations    concerning    345. 
Allowed     from    Apparnattock  I 
to  Henrico  and  Charles  City 
376.     From  county  courts  to' 


quarter  court,  and  from  thence 
to  Assembly  398.  Damages 
on  398.  Security  398.-— 
From  the  judgment  of  one 
or  two  commissioners,  435. 
Commissioner  from  whose 
judgment  an  appeal  taken, 
not  to  sit  on  the  trial  of 
the  cause  435.  For  what  sums 
appeals  allowed  from  county 
to  quarter  courts  477.  From 
quarter  court  to  Assembly 
477,519,520.  Damages  on 
477.  Question  referred  to 
the  Assembly  by  the  Govern- 
or and  Council,  as  to  the  right 
of  appeal  515,  516.  Allow- 
ed from  Northampton  county, 
for  what  sum  529.  Act  re- 
stricting the  right  of,  repeal- 
ed ;  and  appeals  allowed  for 
any  sum,  except  as  to  North- 
ampton county  541.  Dama- 
ges on,  fifty  per  cent.  541. — 
No  appeal  till  final  judgment 
54  i.  Juries  to  assess  dama- 
ges on  541. 

APPEARANCE. 

Of  defendants  in  civil  action, 
when  to  be  271.  Penalty  for 
failing  272. 

APPAMATTOCK, 

Inhabitants  of.  authorised  to 
hold  courts  376.  Appeals  to 
Henrico  and  Charles  City 
courts  376. 

APPRAISEMENT 

Of  decedents1  estates  170,  201, 
479.  Allowance  for  417.  Of 
goods  taken  in  execution  259. 
442. 

APPRENTICES. 

Penalty  for  dealing  with  other 
mens'  274-5.  Provision  for 
binding  out,  in   each  county 


A 


INDEX, 


A. 


\xvu 


ooti-~<.      Two  from  a  county 
to   be    sent   to    Williamsburg1 
335.     How  employed,  their  al- 
lowance, accommodation,  Stc. 
336-7. 
APPROPRIATION 

Of  the  public  revenue  142,  171, 
195.  To  Renj.  Harrison  229. 
To  the  payment  of  certain 
public  claims  55  1 . 

AQUA  VIT.E. — See  spirituous 
liquors. 

AR    HERs  HOPE. 

Encouragement   for 

tween    A  it  her1  s     Hope 
Queen's  Creek  199. 
ARMS 

Precautions  concerning  127, 
173,  198.  To  be  carried  to 
church  174,  189,  263.  Not 
to  be  sold  to  Indians  219,  255. 
Or  lent  to  Indians  255.     All 


settling  be- 
and 


the  authority  of  the  parliament 
363,  367,  472.     Right  of  free 
trade  under,  asserted  by  assem- 
bly of  Virginia  535. 
ARTIFICERS. 

Stat.  1  Jac.  chap.  6,  concerning, 
adopted  167.     Not  to  forsake 
their   work    193.     To    follow 
their  trades  208. 
ASHES 

To  be  saved  in  each  family,  from 
new  grounds  151. 

ASSEMBLY— See    Burgesses. 

When  first  held  in  Virginia,  and 
of  whom  composed  118,  121, 
note.  Jurisdiction  of,  in  ap- 
peals from  quarter  court  272, 
519,  520.  No  taxes  to  be 
raised,  but  by  a  Grand  As- 
sembly 20.  Penalty  on  she- 
rill's  for  disobeying  any  act  of 
333.     Judicial  proceedings  in 


persons  to  be  provided  with,       375-6,  405.  Judgment  against 


except  negroes  226.  Penalty 
for  bartering  or  selling  to  In- 
dians 441  For  lending  441. 
Indians  may  use  their  own, 
within  their  limits  518.  Free 
trade  allowed  with  Indians 
for  525.  Every  man  to  be 
provided  with  a  gun,  and  a 
certain  proportion  of  ammuni- 
tion 5-:7. 

ARRESTS. 

Bureresses  privileged  from  125,1 
J  72,  2;;.),  444.  Also  their 
attendants  4  14.  Privilege 
waved  550.  Penalty  on  de- 
fendant for  not  appearing,  in- 
ter 272.  J\o  arrests  to  be  on 
Sabbath  days  457.  Or  at 
musters  457. 

ARTICLES 

Of  confederation  37,  46.     For 
the  surrender   of  Virginia  to 


Nat.  Battson  383.  Punish- 
ment of  383.  Members  of, 
how  elected  and  returned  411, 
412.  Right  of  suffrage  a- 
bridged  412.  Again  extend- 
ed to  all  free- men  403.  To 
confirm  appointment  of  ma- 
gistrates 480.  Clerk  of,  his 
fees  490.  Vacancies  in  mem- 
bers of,  how  supplied  493-4. 
Proceedings  in  the  House  of 
Burgesses,  as  to  adjournment 
of  496.  Contest  between  the 
Governor  and  Council  and 
House  of  Burgesses,  as  to  the 
Constitutional  power  of  the 
former  to  dissolve  the  Assem- 
bly during  the  Common- 
wealth 499,  505.  The  Bur- 
gesses declare  that  they  have 
in  themselves  the  power  of  the 
election  of  all  officers,  and  arc 


XXVI 11. 


A. 


INDEX. 


A. 


not  dissolvable  by  any  power 
in    Virginia    502.     Consulted 
by  the  Governor  and  Council 
as  to  the  right  of  appeal  515, 
516.     Judgment  of,  in  an  ap- 
peal from  Surry  court  giving 
a  law  an  ex  post   facto  opera- 
tion 516.    How  convened  517. 
Annual  session  of,  517.     Go- 
vernor may  convene,  in  cases 
of  emergency  517.     Take  the 
powers  of  the  government  in- 
to their  own  hands  530.     All 
writs  to  issue  in  the  name  of 
the    Grand  Assembly   530. — 
Reasons     for     assuming     the 
powers   of     government,   that 
there  was   no   government   in 
England  530,  531.     No  Bur- 
gess of  the  Assembly  of  1659- 
60,  to  accept  of  any  other  of- 
fice  540.     Their   declaration 
assigning  reasons   for    assum- 
ing the  government,  to  be  pro- 
claimed   and    recorded    544. 
Causes  remanded  to  courts  of 
common  law,  being  extrajudi- 
cially brought  in  545.     Trans- 
actions of  Assembly  of  1658- 
9,  not  to  be  disputed  in  1659- 
60,  pa.  550. 

ASSIGNMENT 

Of  bills  and  accounts  314.  Not 
to  be  without  the  knowledge 
of  both  parties,  in  order  to  be 
set-off  449. 

ATTACHMENT, 

When  granted  for  bail  against 
his  principal  305.448.  When 
for  sheriff,  448.  Against  debt- 
ors removing  to  distant  settle- 
ments 409,471.  Execution  on, 
how  issued  k.  levied  409,  471. 
Upon  a  non  est  inventus  466. 
ATTORNIES,  AT  LAW, 

How   licensed   275.     Restricted1 


to  certain  courts  275.  To  be 
sworn  275.  Their  fees,  in 
county  and  quarter  courts  275. 
Penalty  for  exceeding  the  le- 
gal fees  275.  Cannot  refuse 
to  be  retained,  unless  employ- 
ed on  the  other  side  275. — 
Attornies  by  letters  of  pro- 
curation from  England,  ex- 
cepted 276.  All  mercenary 
attornies  expelled  from  office 
302.  Act  for  licensing  re- 
pealed, &;  act  for  expelling 
them  made  perpetual  313. 
No  commissioner,  sheriff, 
clerk  or  other  subordinate  of- 
ficer to  plead  as  attorney  in  the 
court  to  which  he  belongs  330. 
Not  to  take  any  fees  349. — 
Court  may  open  the  cause  for 
a  weak  party,  or  appoint  some 
indifferent  person  349.  No 
other  attornies  admitted  349. 
Act  expelling  mercenary  at- 
tornies repealed  419.  Go- 
vernor and  Council  to  license 
for  quarter  courts,  and  com- 
missioners for  county  courts 
419.  Controversies  about 
their  fees  to  be  determined  by 
the  courts  419.  Who  to  be 
called  counsellors  419.  Act 
against  mercenary  attornies 
revived  482.  Compellable  to 
discover,  on  oath,  whether 
they  have  violated  the  law 
483.  Conferrence  between 
the  House  of  Burgesses  and 
Governor  and  Council  as  to 
the  constitutional  right  of  ex- 
pelling them  495-6  No  she- 
riff, under  sheriff  or  clerk  of  a 
court,  permitted  to  plead  as, 
523. 

ATTORNIES  IN  FACT. 
To  give   security  for  costs    for 


B. 


INDEX 


H. 


K\n 


non-residents  522. 
AUCTION, 
Decedents'  estates  to  be  sold 
■201,400. 

BAIL 
To  be  taken  by  sheriffs  on 
rests  305,  448.     It 


neglected 


BATTSON, 
Nathaniel,  judgm'nt  against.  383. 
at       Punishment  of  385. 
BAY 

;  Of  Chesapeake,  persons  restrain  - 
ar-       ed  from  removing  to  465. 
BENNETT. 


sheriff  liable  to  the  judgment  Richard  Bennett,  the    first    Go- 
of the  court  305,  448.     If  the       vernor  under   the  provisional 


defendant  fail  to  appear,  the 
bail  liable  305,  448.  Bail  may! 
have  an  attachment  against 
principal  305,448.  When  bail 
may  discharge  himself  by  pro- 
ducing the  principal  or  his 
goods  305.  44S.  When  sheriff 
may  have  attachment  448. — 
How  he  may  discharge  him- 
self 448. 

BAILIFFS, 

When  appointed  224. 
BANNS 

Of  marriage,  how  published  156,  J 
181,  241.  Penalty  on  minis- 1 
ter  for  marrving  without  332,  J 
433. 

BAPTIZING.— See  Christen- 
ing. 

BARREL-BOARDS.— See 
Staple  Commodities. 
BARRELS, 

Contents  of,  for  corn  170,  195, 
268,  473.  To  be  sealed  170, 
195,  268,  473.  Penalty  for 
selling  without  170,  195,  268, 
473. 

BASTARDS. 

Proceedings  against  the  reputed 
father  of,  whether  servant  or 
free  man,  438.  Two  maids  got 
with  child  at  sea,  ordered  to  be 
sent  back  552.  An  oath  ad- 
ministered to  a  pregnant  wo- 
man, and  the  child,  born  in 
veMlockjdeemed  a  bastard  552. 


government  371.  Letters  to, 
while  in  England  425. 
BERKELEY,  Sr.  Wm. 
Donation  of  orchard  &,  houses 
to  267.  Tax,  in  provisions; 
for  his  accommodation  281-2. 
Expense  of  transporting  such 
provisions,  how  paid  284.  Fur- 
ther time  allowed,  to  leave  the 
colony  384.  To  carry  his  tobac- 
co duty-free  384.  Deed  from, 
to  Richard  Bennett  for  a  house 
and  lot  in  James  City  407. 
Allowance  to,  for  his  house 
427.  The  fourth  Governor 
elected  during  the  common- 
wealth 526.  Elected  by  act  of 
Assembly  530.  Misrepresen- 
tations of  Robertson  and  other 
historians,  as  to  his  appoint- 
ment 526-7,  note.  To  call  As- 
sembly once  in  two  years  at 
least,  or  oftener  531.  Not  to 
dissolve  the  Assembly  with- 
out consent  of  a  majority  of  the 
house  531.  May  appoint  a 
Secretary  of  State,  and  Coun- 
cil, with  the  approbation  of  the 
Assembly  531.  Port-charges 
and  castle-duties  payable  to 
543.  Desires  the  advice  and 
concurrence  of  the  late  Coun- 
cil, on  his  accepting  the  office 
of  Governor  544.  His  decla- 
ration to  be  proclaimed  and  re- 
corded 544,     May  elect  one 


XXX 


h. 


INDEX. 


B. 


member  of  the  council,  not  be- 
ing a  member  of  the  House  of 
Burgesses  546.  His  salary 
546.  To  appoint  collectors  of 
export  duties  547,  549.  To 
appoint  a  secretary  of  state  547.  | 
Arrearages  due  to,  how  collec- 
ted and  paid  550. 

BEVERLEY, 

The  historian,  quoted  by  Ro- 
bertson, but  inaccurate  as  to 
the  public  transactions  of  Vir- 
ginia, during  the  Common- 
wealth 513  note.  526  note. 
BIGAMY, 

Laws' of  England  against,  to  be! 
enforced  434. 

BILL  of  SALE 

Not  to  i>e  (le.  in- -d  fraudulent,  if) 
given  to  a  credit  >r  and  posses- 
sion accompany  it  249. 
BILLS 

Actions  on,  limitted  to  three 
years  from  their  date,  unless 
renewed,  sued  upon,  or  record- 
ed 390.  Extended  to  five  years 
484. 

BIRTHS, 

Register  of,  to  be  kept  by  mi- 
nister and  church-  wardens  !  55, 
158,  180,  241,  433.  To  be 
kept  by  an  officer  appointed  in 
each  parish  for  that  purpose,  & 
certified  to  the  clerk  of  the 
county  court  to  be  recorded 
542. 

BOVTS, 

Taking  away,  how  punishable 
170,  264,  460.  Size  and  con- 
struction of,  for  the  Canada 
trade  175,  200. 

BONDS, 

Actions  on,  limitted  to  three 
years,  unless  renewed,  sued  up- 
on or  recorded  390.     Extend- 


ed to  five  years  484.     Form 
of.  to  be  given  by  masters  of 
vessels,  not  to  interrupt  the  free 
trade  of  Virginia  535. 
BOOK  DEBTS, 

Limitation  of  actions  on  301. —  . 
Exception  302.  Further  ex- 
ception in  favor  of  officers  of 
courts  312.  Not  recoverable, 
without  writing  485-6.  But  if 
the  debtor  will  not  deny  the 
debt,  on  oath,  the  court  may 
give  judgment  486.  Not  to 
extend  to  decedents'  estates 
486. 

BOOKS, 

Penalty  for  disposing  of,  or  pub- 
lishing those  containing  the  te- 
nets of  the  Quakers  533. 

BOROUGHS. —See   Represen- 
tation. 
BREWING, 

E\ elusive  privilege  of,  in  wood- 
en vessels,  granted  to  George 
Fletcher  374. 

BRIDGES 

Established  at  public  expense 
269. 

BRIEFS 

Granted  by  the  Assembly  to  in- 
dividuals, to  collect  charitable 
donations  381. 

BRISTOL  PARISH 

Formed    on     Appamattox    251. 
May  hold  courts,  with  rifiht  of 
appeal  to  Charles  City  or  Hen- 
rico 4j4. 

BURGESSES. 

Origin  of  the  term,  in  Virginia 
121,  note.  Privileged  from 
arrests  125,  172,263,444.— 
Privilege  waved  550.  Their 
attendants  privileged  444.  To 
collect  the  taxes  ;  power  of  dis- 
tress ;  liability  for  neglect ;  to 


B. 


[NDEX. 


I 


\\\L 


return  a  list  of  tithables  143. — 
How   chosen  227,  333.     Acts 
concerning,  229.  May  be  cho- 
sen in  Lynhaven   parish  250. 
In  the  parishes  of  Upper  and 
Lower    Norfolk    277.     Their 
wages  paid  by  the  counties  267, 
421,  473.    But  parochial  Bur- 
gesses paid  by  the  parish  421, 
520.     Allowance  for  servants 
to  be  paid  in  work  267.  Num- 
ber to  a  county  limitted  299. 
Where  elections  for,  to  be  held 
300.  Oath  of  371,  387.   Have, 
ihe  election  of  all  officers  un-j 
der  the  provisional  government! 
372.     Governor  and  Council] 
to  be  members  of  373.    Mem-j 
bers  expelled  374.     Communi- 
cation  between  house  of,  and 
Gov'r.  Bennett  on  the  choice 
of  a  Speaker  377-S.     A  clerk 
deemed   ineligible  378.     How 
elected  and  returned  411,  475. 
Qualification  of,  and  of  voters; 
412,  475.  Right  of  suffrage  a- 
bridged  412.    Again  extended 
to  all  free  men  403,  475.  Clerk 
of,  who  appointed  424.     Sala- 
ry of  clerk  of  424.     Extracts; 
from  the  journals  of  the  house: 
of  495,  516.    How  subjects  to 
be  discussed  in  the  house  of 
497.     Proposition    to    reduce; 
the  number  of,   negatived  498. 
Contest  between  the  house  of,| 
and  Governor  and  Council,  as 
to  the  constitutional  power  of 
the   latter  to    dissolve  the  As-! 
sembly  499,  505.     The  Bur-! 
gesses  declare  that  they  have, 
in    themselves,  the  election  of 
all  officers,  and  are  not  dissolv- 
able by  any  power  in  Virginia 
502      \  member  of,  suspend- 


ed 507.  Reinstated  507.— 
Rules  of  proceeding  in  the 
house  of  507-8.  Members  of 
the  house  of,  qualified  by  the 
Council  508.  Form  of  the 
oath  508.  Parochial  Burgess- 
es, their  wages  paid  by  the  pa- 
rish by  order  of  the  vestry  520. 
Sheriffs  must  hold  elections 
for  545.  Collectors  may  dis- 
train for  wages  of,  if  payment 
refused  520-1.  Penalty  fox- 
not  meeting  on  the  day  appoin- 
ted 532.  On  sheriffs  for  not 
returning  532.  No  Burgess  of 
the  assembly  in  1659-60,  to 
accept  of  any  other  ofUce  540. 
BURIALS'— See  Deaths. 

Register  of,  how  kept   155,  158, 
1  SO,  24 1 ,  433.    Mode  of  keep- 
ing changed  542. 
BURK, 

The  first  historian  of  Virginia, 
who  seemed  disposed  to  detail 
the  public  transactions,  during 
the  commonwealth  of  England, 
with  accuracy,  5 13,  note.  From 
the  want  of  sufficient  docu- 
ments, sometimes  mistaken 
428,  note,  513,  note,  528,  note. 
BURYING, 

Fees  for  160.  184,  243 

BURYING  GROUNDS, 

To  be  inclosed  123,  161,  227, 
241.  Penalty  for  neglect  161, 
185. 

BUSHELS, 

To  be  sealed  170,  268.    Penalty 
for  neglect  170.  268,  473. 
CALENDAR 

Julian  and  Gregorian  393.   Note. 
CANADA, 

Si/.e  and  construction  of  boats, 
for  trading  to  175,  200. 


XXX)  i 


C. 


INDEX. 


C. 


CANOES, 

Taking    away,  how    punishable  j 

170,  264,  460. 

CANONS.— See  Church. 

CASK. — See  Tobacco. 

CASTLE  DUTIES, 

Contribution  for  127.  Duty  of  I 
powder &£  shot  payable  at  Point  j 
Comfort  176,  192,  218,  247. 
Repealed,  and  additional  duty 
payable  to  the  government  301, ; 
312.  How  recoverable  382. 
Inhabitants,  sole  owners  of  ves- 
sels, exempted  from  402.  Pay- 
able to  the  governor  423.  How 
payable  and  appropriated,  dur- 
ing vacancy  of  governor  533-4. 
Where  to  be  paid  534.  Collect- 
ors of,  to  be  appointed  534. 
Payable  to  Sir  Wm.  Berkeley 
543.  Provision  as  to  those  ac- 
crued after  the  death  of  Mat- 
thews 543. 

CATECHISM, 

When  and  how  to  be  taught  by 
ministers  157, 181.  Penalty  on 
masters,  children  and  servants 
for  neglecting  157,  182.  To  be 
in  the  afternoon  290.  Penalty 
on  masters  of  families  for  not 
sending  their  children  and  ser- 
vants to  be  instructed  in  311. 

CATHOLICS.— See  Popery. 
CATTLE, 

Doct.  Pott,  late  governor,  found 
guilty  of  stealing  145.  Female, 
not  be  killed,  unless  pa>t  breed- 
ing, or  likely  to  die  153.  Ex- 
portation of  female,  prohibited 
218.  The  7th  head  of  may  be 
exported  227.  Trespassing  on 
fences  244-5.  Act  giving  cer- 
tain lost  cattle  to  those  who 
found  them,  repealed  332-3 
How  to  be  removed  466. 


CENSUS, 
Of  inhabitants,  with   their  pro- 
perty, Sic.   to  be  taken  yearlv 
175,  200. 

CHANCERY. 
Proceedings  in  303. 

CHARLES  1. 
Beheaded  358,  note.  Penalty  for 
defending  proceedings  against 
him  360.     To  asperse  his  me- 
mory 360. 

CHARLES  II. 
Treason  to   doubt  his  right  of 
succession  360.     His  restora- 
tion 529,  note. 

CHARLES-CITY, 
One  of  the  original  counties  224. 
Courts  of,  to  be  kept  on  the 
south  side  of  the  river  426.  Two 
courts  to  be  held  in  497. 
CHARLES-RIVER. 
One  of  the  original  counties  224. 
Changed  to  York  249. 
CHALMERS, 
The  annalist,  quoted  by  Robert- 
son, but  inaccurate  as  to  the 
public  transactions  in  Virginia, 
during  the  commonwealth  of 
England  526,  note. 
CHAPLAIN, 
Of  the  assembly,  his  wages  549. 
Appointed  549. 

CHARTERS, 
Ancient,  to  Virginia  57,  118. 

CHATTELS, 
Conveyance   of  deemed    fraudu- 
lent, unless  recorded  418. 
CHESCAKE, 
Parish  of,  changed  to  Hampton 
257.     Settlers  on,  their  lands 
confirmed  257. 

CIIICAWANE, 
See  Northumberland. 

CHIPPOAKS, 
Parish  of,  established  27c 


INDEV 


C 


CHIRURGEONS.— Seephysi- 
cians  and  surgeons. 

CHRISTENING— See   births. 

Fees  for  160.  To  be  done  in  the 
church  183. 

CHURCH. 

Churches  to  be  built  122,  160. 
To  be  repaired,  when  and  how 
160,  185.  Absence  from  123. 
Uniformity  to  church  of  En 
gland  123.  155,180.  Ministers 
absent  from  123.  Penalty  for 
not  attending  144,  155,  180, 
434.  Ministers  to  confirm  to 
canons  of  church  of  England 
149,  277.  Preaching,  adminis- 
tration of  sacrament,  and  mar- 
riages to  be  done  in,  except  in 
cases  of  necessity  158.  Arms 
to  be  carried  to  174,  198  263. 
Church  government  240,  241. 
During  vacancy  of  minister,  all 
parishes  to  pay  levies  for  build- 
■  ingchurch,&purchasinga  glebe 
400.  Government  of,  during 
the  commonwealth  433.  Left 
to  the  disposal  of  the  people  433 

CHURCH      OVERNMENT, 

During  the  commonwealth,  how 
settled  433. 

CHUKCHI  \G, 

Fees  for  160,  1S4,  24  3. 
CHURCH  WARDENS, 

To  present  swearing  and  drunk- 
enness 126.  To  assist  in  keep- 
ing parish  register  of  marriages, 
births  and  deaths  155,  180.  To 
be  chosen    at    Easter,   yearly, 

155,  180.     Farm  of  their  oath 

156,  182.  To  present  ministers 
for  not  preaching  157.  Liable 
for  ministers  dues,  if  they  fail 
to  collect  them  160, 185.  When 
to  present  227.  How  many  to 
bo  appointed  240.  Oath  to  pre- 

3 


sent  certain  offences  240.  Thai 
duty  as  to  levies  and  collecti- 
ons 241.  Amenable  to  counn 
courts  291,  310.  To  present 
from  their  own  knowledge,  as 
well  as  the  information  of  others 
309,  310. 

CLAIBORNE, 

William,  appointed  secretary  of 
state  523. 

CLAPBOARDS.— See   Staple 
Commodities. 

CLERGYMEN.— See     Minis- 
ters. 

CLERKS, 

Of  quarter  courts,  their  fees  266, 
463-4.  Of  county  courts,  their 
fees  266,  464.  Fees  of  regulat- 
ed 295.  May  be  punished  by 
courts,  for  extortion  295.  To 
keep  records  of  the  proceedings 
of  courts  303-4.  Of  county 
court<,  appointed  by  governor 
305.  That  act  repealed  and  ap- 
pointed by  county  courts  448-9. 
Existing  clerks  to  hold  their  of- 
fice 449.  Their  fees  in  actions 
305.464.  Their  fees  to  be  ap- 
proved by  the  courts,  and  then 
distrained  for  357.  To  give  re- 
ceipts for  papers  408.  Of  the 
house  of  burgesses,  their  sala- 
ries 424.  Their  fees  to  be  col- 
lected by  sheriffs  and  collectors, 
and  mav  be  distrained  for  465. 
Limitation  in  recovery  of  their 
fees  484.  Of  assembly,  their 
fees  490.  Not  to  plead  as  at- 
tornies,  in  the  courts  to  which 
they  belong  52o.  To  enter  ac- 
counts of  orphans'  estates  ex 
officio  551. 
CLERK  OF  CHURCH, 

How  paid  226.     How  appointed 
241. 

Y 


c. 


INDEX. 


C. 


CLERK  OF  MARKET, 
At  James  City,  how  appointed, 
his  power  and  duty  362. 
CLOTH, 
Not  to  be  sold  to  Indians  219. 

COLLECTORS 
Appointed  to  receive  the  public 
levies,  instead  of  Sheriffs  342-3, 
Their  power  and  duty  343.   A- 
gain  appointed  356.     Power  of 
distress  356.    To  collect  clerks' 
fees  357.     Of  port  charges  and 
castle  duties  appointed  534. 
COINS, 
Provision  for,  their  denominati- 
on, and  value  308-9.    Pieces  of 
eight,  of  whatever  metal  to  pass 
current 410.  Law  repealed  and 
none    but   silver   to    pass    397. 
Roanoke   and  Wompompeeke, 
to  pass  as  usual  397.    Value  of 
pieces  of  eight  493. 
COMMANDERS    OF  PLANTA- 
TIONS, 
Originally  judges    of   monthly 
courts  125.  To  collect  fines  for 
swearing  and  drunkenness  126. 
To  provide  a  sufficiency  of  pow- 
der and  ammunition    for  each 
plantation   127.     Not  to  suffer 
powder  to  be  wasted  at  drink- 
ings,  &c.  ibid.     May  imprison 
persons  of  quality  who  are  delin- 
quent as  to  powder  ibid.  Form 
of  commission  to  131.  May  levy 
a  force  to  repel  the  Indians  140, 
193.      To  see  that  the  people 
attend  church  144.     To  exer- 
cise the  men  on  holydays  &  take 
a    census    of   the    inhabitants 
174-5,  200. 

COMMERCE. 
See  Free  Trade. 
"With  the  governor  of  Maryland, 
regulated  276.  With  the  king's 


subjects  in  England,  encourag- 
ed 296. 

COMMISSIONER 

Sent  to  England  1 28. 

COMMISSIONERS 

Of  monthly  courts,  commissions 
to  1 32, 168-9.     Jurisdiction  ex- 
pressed in,  ibid.     Same  as  jus- 
tices of  the  peace  169.     Juris- 
diction extended  224.  To  build 
sufficient  prisons,  or  to  be  liable 
for  neglect  265.     To  be  called 
commissioners  of  county  courts 
273.      Jurisdiction  of  a  single 
commissioner  273,  335.     Sum- 
mary redress  against,   for  cer- 
tain taxes  297.  Finable  for  not 
imposing  fines  on  church-war- 
dens for  neglect  310.     Not  to 
plead  as  attorney,  in  the  court 
to  which  they  belong  330.  One 
commissioner   in   James   City, 
on  south  side  the  river,  to  ex- 
ercise the  jurisdiction  of  coun- 
ty courts  335-6.    Not  to  be  ab- 
sent  from  court  without  good 
cause  350,  454.     How  leave  of 
absence   obtained,  ibid.     How 
appointed  under  the  provisional 
government  372,  376.     To  be 
recommended  by  the  court  and 
commissioned  by  the  governor 
and  council  402.     To  examine 
lists  of  tithables,  and  fine  sheriffs 
for  neglect  therein  376.      To 
correct,  take  and  certify  lists  of 
tithables  388.    Jurisdiction  of  a 
single  one,  during  the  common- 
wealth 435.  Of  two,  during  the 
same  period  435.     Where  ap- 
peal from  judgment  of,  not  to 
sit  on  the  trial  of  the  cause  435. 
To  be  confirmed  by  assembly 
480.  Writ  of  ease  granted  to  a 
commissioner  546.    A  commis- 
sioner suspended  550. 


c. 


INDEX. 


C. 


563 


COMMISSIONS, 
Form  of,  to  commanders  of  plan- 
tations 131.  To  commission- 
ers of  monthly  courts  132, 
168-9.  Sheriff's  for  collecting 
clerks'  fees  465. 

COMMITTEE 
Appointed  to  revise  the  laws  431. 
For  private  causes  422.  Re- 
port of,  on  the  constitutional 
power  of  the  governor  h  coun- 
cil to  dissolve  the  assembly  502. 
To  draw  up  an  address  to  Rich- 
ard Cromwell  512.  For  pri- 
vate causes  512.  Of  review  of 
the  laws  512. 

COMMON, 
Right  of,  adjudged,  in  Stanley 
Hundred  548. 

COMMONWEALTH, 
Of  England,  commencement  &c 
duration  of  358,  note.  Free 
trade  enjoyed  in  Virginia,  du- 
ring 513,  note.  Events  dur- 
ing, grossly  misrepresented  by 
English  historians  513,  note. 
526,  note. 

COMMUNION. 
See  Sacrament. 

COMPACT, 
With  the  governor  of  Maryland, 
as  to  commerce  276. 
COMPANY, 
Declaration  against  230,  236. 

CONFEDERATION, 
Articles  of,  37,  46. 

CONFESSION, 
Of  judgment,  may  be  made  out 
of  court,  and  execution  thereon 
issue  304,  447.     Before  one  or 
two  commissioners  445. 
CONSTABLES, 
To  present  failure  to   plant  corn 
246.     And  also  names  of  delin- 
quents,  and   those  who   fail  to 
tend  it  344.  Form  of  their  oath 


during  the  commonwealth  467. 
CONSTITUTION, 
Of  the  United  States  9,  22.     A- 
mendments  26,  30.  Of  Virginia 
50,  56. 

CONSTRUCTION, 
Of  a  will,  not  using  words  of  per- 
petuity 405. 

CONTEMPT, 
Persons  committed  or  suspended 
for  contempt  to   the  house  of/ 
burgesses  387,  507,  515. 
CONTEST, 
Between  the  governor  and  coun- 
cil and  house  of  burgesses,  as  to 
the  constitutional  power  of  the 
former  to  dissolve  the  assembly 
499,  505. 

CONTRACTS, 
To  be  in  money,  and  not  tobac- 
co 216.  Not  to  be  in  money  262. 
In  money  not  recoverable,  un- 
less for  horses,  mares  &L  sheep 
267-8. 

CONVENTION, 
Between  the  commissioners  of 
the  parliament  of  England  and 
the  colony  of  Virginia  363, 367. 
Act  of  indemnity  367,  472. — 
Right  of  free  trade  under,  as- 
serted by  assembly  of  Virginia 
535. 

CONVEYANCES. 
See  Fraudulent  Deeds. 
To  be  registered  or  deemed  frau 
dulent  227,  248-9,  417-8.      Of 
lands,  goods   and  chattels,  de- 
clared invalid,  unless  register- 
ed 472-3.  No  conveyance  good 
till  four  months  after  registry 
473. 

COOPERS, 
Encouragement  of  330.     Act  for 
repealed  351-2. 

COPPER. 
See  Coins,  Staple  commodity 


564 


€. 


INDEX. 


C. 


CORN, 

Engagement  to  plant  it  125,  173, 
197.  Punishment  tor  neglect 
126.  Persons  sworn  to  see  a 
sufficiency  planted,  ibid.  Trade 
for,  with  the  savages  prohibit- 
ed, ibid.  Two  acres  per  head  to 
be  planted  152,  166,  190,  246, 
344,  419.  Penalty  for  neglect 
ibid.  Constables  to  present  fai- 
lure 246,  419.  Contents  of  a 
barrel  of  170,  195,  268,  473,— 
Sealed  barrels  and  bushels  to  be 
kept  170, 195,  268, 473.  Penal- 
ty for  selling  without  170,  195, 
268,  473.  When  it  may  be 
bought  or  exported  227.  Penal- 
ty for  not  planting  and  tending 
two  acres,  further  enforced  344. 
Exportation  of,  prohibited  347. 
Price  limited  347. 
COSTS, 

Security  for,  to  be  given  by  non- 
resident plantiffs  522. 
COUNCIL, 

Oath  of  a  member  of  116.  Go- 
vernor and,  to  attend  divine  ser- 
vice, at  beat  of  drum  162.  Pe- 
nalty for  neglect  261.  Near- 
est to  warehouse,  inspector  of 
course  204,  211.  One  of,  to  as- 
sist at  monthly  courts  224. — 
Councillors  &  ten  servants  ex- 
empted from  taxes  228,  445. 
Exemption  suspended  during 
an  existing  war  307.  Councillor 
exempted  from  public  charges 
and  taxes,  except  church  dues 
-179,  445.  Council,  under  the 
provisional  governm't371,  517. 
Members  of,  chosen  during  the 
recess  of  the  assembly,  confirm- 
ed 422.  Allowance  for  attend- 
ing quarter  courts  and  assem- 
blies rescinded  498.     To  admi- 


nister the  oath  to  members  of 
the  house  of  burgesses  508.  A 
person  committed,  for  slander- 
ing a  member  of  515.  New 
election  of  certain  members  of 
515.  Members  of,  to  be  paid 
for  their  attendance  only  523. 
How  chosen,  on  the  re-appoint- 
ment of  Sir  Wm.  Berkeley  as 
governor  531.  Councillors  to 
hold  their  offices  for  life  517. 
Repealed  537.  One  member 
may  be  elected  by  the  governor 
Sir  Wm.  Berkeley  546. 
COUNSELLORS. 

None  to  be  so  called,  but  those 
qualified  by  the  laws  of  England 
419. 

COUNTIES. 

Original  counties  of  Virginia, 
formed  in  1634,  viz.  James  Ci* 
ty,  Henrico,  Charles  City,  E- 
lizabeth  City,  Warwick  River, 
(changed  to  Warwick  in  1642- 
3,  pa.  249.)  Warrosquoyacke, 
(changed  to  Isle  of  Wight  in 
1637,)  Charles  River,  (chang- 
ed to  York  in  1642-3,  pa.  249.) 
And  Accawmacke,  (changed  to 
Northampton  in  1642-3,  pa. 
249,  but  afterwards  resumed 
its  original  name,)  224.  Boun- 
daries of  Isle  of  Wight,  Upper 
and  Lower  Norfolk  247.  Of 
Warwick  250.  Name  of  Up- 
per Norfolk  changed  to  Nansi- 
mum  321.  Northumberland 
established  352.  Counties  lia- 
ble for  taxes,  in  default  of  she- 
riffs, and  to  be  reassessed  for 
that  purpose  354.  Westmore- 
land established  381.  Surry 
373.  Gloucester  374.  Lan- 
caster 374.  New-Kent  388. 
Commissioners     to     ascertain 


c. 


INDEX. 


c 


boundaries  of  Nansimum  k,  Isle 
of  Wight  404.  Part  of  Upper 
Norfolk  added  to  Isle  of  Wight 
423.  Courts  of  Charles  City 
to  be  kept  on  South  side  of  the 
river  426.  Rappahannock  for- 
med from  upper  part  of  Lancas- 
ter 427.  Two  courts  to  be  held 
in  Charles  City  497. 

COUNTY  COURTS, 
Fees  of  clerks  of  266,  449.  To 
provide  for  Burgesses'  wages 
267.  Terms  of,  in  the  several 
counties  272.  462.  Jurisdicti- 
on 272,  345-6,  398,  462,  477. 
Reduced  to  six,  yearly,  and  to 
be  called  county  courts  instead 
of  monthly  462,  273.  Liabili- 
ty of  commissioners  of,  for  not 
taking  security  of  sheriff's  284, 
445.  To  take  probate  of  wills 
and  grant  letters  of  administra- 
tion 802-3,  447.  Jurisdiction 
in  all  cases  of  law  and  equity 
303.  Records  to  be  kept  by 
clerks  of  303-4.  To  be  punc- 
tually held  305,  448.  Extra 
sessions  may  be  held  305,  448. 
To  fine  church-wardens  for  neg- 
lect 310.  May  allow  rewards 
for  killing  wolves  328,  456. — 
One  commissioner  in  James 
county,  on  south  side  the  river, 
to  exercise  jurisdiction,  of  336. 
May  establish  ferries  and  fix 
the  rates  348.  Commissioners 
of,  not  to  be  absent  from,  under 
a  penalty  350.  May  license  or- 
dinary keepers  and  ferries  411. 
Fines  imposed  by,  how  appro- 
priated 399.  May  appoint  their 
own  clerks  448-9.  To  have 
jurisdiction  of  maritime  causes 
11)6-7.  May  lay  o/V  parishes 
469.     To  fix  tavern  rates  of  li- 


quors, from  time  to  time,  as  the 
price    of  tobacco   may  rise  or 
fall  522. 
COUNTY  LIEUTENANTS, 

How  appointed  224. 

COURTS.— See  monthly  co'rts. 
county  courts,  quarter  courts- 

Courts  to  be  held  by  inhabitants 
of  Appamattock  376.  Two 
courts  to  be  held  in  Northamp- 
ton 409.  Two  courts  in  Isle 
of  Wight  409.  Repealed  550. 
May  be  held  in  Bristol  parish, 
with  allowance  of  appeal  to 
Charles  City  and  Henrico  424. 
Of  Charles  City  to  be  kept  on 
the  South  side  of  the  river  426, 
Adjournment  of.  forbidden  436. 
Two  to  be  held  in  Charles  City 
497. 

CREDITORS 

Not  to  sue  their  debtors,  if  they 
have  tendered  satisfaction  264, 
Must  prove  demand  before  suit 
264.  Oath  of  demand  sufficient 
317.  Non-residents  to  give  se- 
curity for  costs  522. 
CRIMES, 

Servitude  for,  abolished  259. 
CRIMINALS, 

How  kept  for  trial  264-5,  444. 
Charges  of,  how  paid  265,  285, 
310,  449,  461.  No  longer  to 
be  tried  in  counties,  but  at  quar- 
ter court  or  assembly  only  397- 
8,  476.  Prisoners,  how  kept 
398,  476.  If  convicted,  his  es- 
tate to  remain  with  his  wife  and 
children  598,  476. 

CROMWELL, 

Oliver,  when  declared  Protec- 
tor, 358,  note.  His  death 
ibid.  Letter  from  the  pre- 
sident of  his  council,  an- 
nouncing  his   death  509,   51.0. 


i) 


INDEX. 


D. 


Measures  contemplated  by  him 
for  settling  the  government  of 
Virginia,  frustrated  by  his  death 

509,  527,  note. 

CROMWELL, 
Richard,  appointed  successor  of 
Oliver  358,  note  509,  511.  His 
resignation  528,  note.  Letter 
from  Oliver  Cromwell's  coun- 
cil announcing  his  death,  and 
the  accession  of  Richard  509, 

510.  The  Assembly  recog- 
nize him  511.     Address  to  512. 

CUSTOMS,— See  Duties. 

Duty  often  shillings  a  hogshead 
imposed  on  all  tobacco  export- 
ed   by    foreigners  during   the 
commonwealth  469. 
DAMAGES.— See  Appeals. 

On  appeals  125,  272,  398,  477. 
After  supersedeas  487.  Fifty 
per  cent,  on  all  appeals  ;  and 
to  be  assessed  by  a  jury  541. 
Awarded  by  the  Assembly  549. 
DATE, 

According  to  old  and  new  style 
393,  note.  Variable  manner 
of  writing  it  before  the  adop- 
tion of  the  new  style  in  England 
494. 

DEACONS 

To  be  appointed  by  ministers 
208. 

DEATHS, 

Register  of,  to  be  kept  by  minis- 
ter  and   church-wardens    155, 
158,  180,  241,  433.     Mode  of 
keeping  changed  542. 
DEBTORS. 

Transporting  them  without  no- 
tice, masters  of  vessels  liable 
for  their  debts  200,  243,  437. 
Relief  of,  for  tobacco  contracts 
225,  226.  Lately  arrived  from 
England,   process  against  sus- 


pended 256.  Not  to  be  sued 
before  demand  made,  nor  if 
they  tendered  satisfaction  264. 
Creditor's  oath  of  demand  suffi- 
cient 317.  Insolvent,  how  re- 
lieved 294,  346. 

DEBTS 

Contracted  in  money,  not  reco 
verable  262,  267-8.  Except 
contracted  for  horses,  mares  &: 
sheep  268.  For  wine  and  li- 
quors not  recoverable  287.  The 
last  act  repealed  295.  Revived 
with  a  proviso  as  to  selling  on 
board  a  ship  350.  King's  debt 
to  be  preferred  351.  Order  of 
paying,  in  administrations  400. 
Money  debts  again  recoverable 
417,474.  Exception  417,  474. 
No  debts  recoverable  of  Indi- 
ans 541.  The  King  of  Wean- 
oak  protected  from,  for  a  certain 
time  547. 
DECEDENTS'  ESTATES, 

To  be  appraised  in  money  170s 
201.  To  be  sold  by  outcry  or 
auction  201,  400.  Adminis- 
tration on,  where  to  be  taken 
302.  Allowance  for  appraise- 
ment 417. 

DECLARATION 

Of  independence  32,  36.  Of 
rights,  of  Virginia  47,  50.  Of 
the  gov'r,  council  and  burges- 
ses of  Virginia,  against  the  com- 
pany 230,  236.  Of  the  assem- 
bly, on  assuming  all  the  pow- 
ers of  government  544.  OfSr. 
William  Berkeley,  on  accept- 
ing the  office  of  governor  544. 
DEEDS 

Adjudged  fraudulent,  unless  en- 
tered in  some  court  227,  417, 
418.  Deed  from  Sir  William 
Berkeley  to    Richard  Bennett, 


D. 


INDEX, 


D. 


-it)' 


lor   a  house   and  lot  in  James 
City  407. 

DEMAND 
Must  be  made  by  creditors  be- 
fore suit  brought  •264.  Oath  of 
creditor  sufficient  proof  317. 
Tobacco  debts,  when  to  be  de- 
manded 489. 

DEMURRAGE 
Not  to  be  allowed  228. 

DENBIGH 
Parish,  provision  for  uniting  to 
Nutmeg  Quarter  425. 
DENIZATION, 
How  acquired  486.     Privileges 
of  children  486.      Rights   of, 
conferred  on  John  Johnson,  a 
Dutchman  8z  Mill-Wright  545. 
DEPOSITIONS, 
How  taken  304. 

DESERTED  LAND. 
Lands  deserted  which  have  been 
seated  may  be  taken  up  by  o- 
thers  291.  How  acquired  468. 
Penalty  for  burning  houses  de- 
serted for  sake  of  the  nails  291. 

DEVASTAVIT 
vlust  be  proved  before  execution 
against  an  executor's  or  admi- 
nistrator's proper  estate,  on  a 
judgment  against  the  testator 
or  intestate  447. 

DIGGES, 
Edward,  nominated  as  one  of 
the  council  ;  approved  by  the 
assembly  388.  Elected  gover- 
nor 408.  Requested  to  retain 
the  reins  of  government  dur- 
ing his  stay  in  the  country 
426.  His  rank  in  the  council, 
after  the  expiration  of  his  office 
of  governor  426. 

DISCOUNTS, 

How  allowed  in  court  296,  449. 

Act  for,    made   perpetual  314. 


Debts  set  off  must  be   of  like 
nature  and  value  449. 
DISCOVERIES 
Authorised  and  encouraged  262, 
376-7,  381.  422,  548. 
DISPATCHES, 
Public,  how  conveyed  436. 

DISSOLUTION 
Of  the  Assembly  ordered  by  the 
governor  and  council,  opposed 
by  the  house  of  burgesses  499, 
505.      The  burgesses    declare 
that  they  are  not  dissolvable  by 
any  power  in  Virginia  502. 
DISTILLING, 
Exclusive  privilege  of,  in  wood- 
en  vessels,  granted  to  George 
Fletcher  374. 
DISTRESS.— See  Clerks,  Le- 
vies, Quit-Rents,  Taxes. 
'  DIVIDENDS, 
Or  lands,  of  each  planter,  to  be 
surveyed  125,  173,  197. 
DIVINE  SERVICE.— See 
Church. 
To  be  attended  by  governor  and 
council  162. 

DOWER, 
Relinquished  by  lady  Yeardley 
145,  note.     How  assigned,  and 
what   proportion    of  the   land 
405. 

DRUNKENNESS, 
Punishment  for  126,  193-4,  43«. 
How  presented  126,240,310. 
Forfeitures  for,  how  collected 
126,194.  Statutes  of  England 
concerning,  adopted  167. 

DUTCH 
Merchants  encouraged  258. — 
Dutch  trade  regulated  469. — 
Duty  of  ten  shillings  a  hogs- 
head imposed  on  tobacco  ex- 
ported by  them  469.  To  ex- 
tend to  all  foreigners  469. — 
How  paid  for  apprehending  & 


568 


E. 


INDEX. 


E. 


bringing  in  runaway  servants 
536.     Dutch  h  all  other  stran- 
gers allowed  a  free  trade  540. 
DUTIES, 

Payable  in  powder  and  shot  at 
Point  Comfort  176,  218,  247. 
in  match  and  paper  royal  229. 
Additional,  of  powder  and  shot 
301.  Payable  in  powder  and 
shot  at  the  fort,  abolished,  and 
additional,  payable  to  the  go- 
vernment 312,  301.  Inhabi- 
tants not  liable  to,  on  export- 
ing tobacco  during  the  com- 
monwealth 469.  Extended  to 
all  persons  not  bound  to  Eng- 
land, except  Virginians  536. — 
Two  shillings  a  hogshead  on  all 
tobacco  exported  491-2.  Re- 
pealed 523.  Power  of  commit- 
tee in  settling  accounts  of  545. 
Certain  captains  of  ships  refus- 
ing to  pay  the  duty  of  two  shil- 
lings a  hogshead  on  tobacco, 
ordered  to  be  taken  into  custo- 
dy 512,  513.  Henry  Haines 
committed  for  not  paying  514. 
EASE, 

Writ  of,  granted  to  a  commissi- 
oner of  a  county  court  546. 
EAST  PARISH 

Formed,  in  upper  Norfolk  coun- 
ty 251. 

EASTERN  SHORE, 

How  inhabitants  to  conduct 
themselves  in  relation  to  Indi- 
ans 167,  192. 

EIGHT, 

Pieces   of,    to  pass  current,    of 
whatever  metal  410,  411.  Law 
repealed  and  none  but  silver  to 
pass  397.    Value  of  493. 
ELECTIONS. 

See  Burgesses.    Representation. 

Of  Burgesses,  where  held  300. 


Notice  of  300.  To  be  by  plu- 
rality of  voices  and  not  by  sub- 
scription as  heretofore  333-4. 
Penalty  on  freemen  failing  to 
attend  334.  Election  of  bur- 
gesses, how  to  be  4 1 1 ,  475.  She- 
riff to  give  notice  of  time  and 
place  of  election,  ibid.  Where 
and  when  held,  ibid.  Sheriff  to 
attend,  ibid.  To  make  return 
when  and  how  412,  475.  Penal- 
ty for  neglect  of  duty  4 1 2,  475. 
Qualifications  of  electors,  and 
elected,  ibid.  Right  of  suffrage 
abridged  412.  Again  extended 
to  all  free  men  403,  475.  Con- 
tested  from  Surry  county,  how- 
decided  514. 

ELIZABETH  CITY, 

One  of  the  original  counties  224. 
Will  of  Benj'n.  Symms  giving 
lands  in,  for  a  free-school,  con- 
firmed 252. 

ENGLAND, 

Recital  of  no  government  in,  as 
a  justification   for  assuming  the 
powers   of  government  by  the 
assembly  530,  531. 
ENGLAND,  Church  of. 

See  Church. 

ENGLISH  GOODS, 

Exportation  of  prohibited,  unless 

by  those  importing  them  519. 

ENGLISH  HISTORIANS, 

Their  ignorance  or  misrepresen- 
tation of  the  public  transactions 
in  Virginia,  during  the  com- 
monwealth of  England  513, 
note.     526,  note. 

ENTRY,  Port  of— See  Port* 
EQUITY, 

How  relief  in,  obtained  303. 
ESCHEAT. 

Lands  escheated,  how  disposed 
of  548. 


E. 


INDEX. 


E. 


569 


EST  RAYS, 
Proceedings  on  taking  up  stray 
horses  or   cattle,  or   lost  boats 
420-1,481.    Penalty  for  failure 
421.     Not  to  prevent  legal  pro- 
secution   of    those    feloniously 
taking  421. 
EVICTION.— See  Lands. 
EXCLUSIVE  PRIVILEGE. 
See  Discoveries. 

Granted  to  George  Fletcher,  for 
brewing  and  distilling,  in  wood- 
en vessels,  for  14  years  374. 
EXECUTION, 
Goods  taken  in,    how   appraised 
259,  442.     Poor  men  taken  in. 
how    relieved    294.     Servants, 
arms,  ammunition  &;  corn,  ex- 
empted from    297.     May  issue 
on  judgments    confessed  out  of 
court  304,   447.     Judgment  in 
one   county,    how    execution  to 
issue  in  another  304,  448.  May 
issue,     without    judgment,     on 
contracts    made    within    the   li- 
mits of    the    market  at   James 
city  362.  Not  to  issue  on  judg- 
ment,   after   one  year,   without 
scire  facias  484. 
EXECUTORS  &  ADMINISTRA- 
TORS. 
Where  to  take  administration  on 
estate  of  their  testator  or  intes- 
tate 302-3,  447.  If  executor  re- 
fuses to  qualify,    how  the  estate 
disposed  of  416.    No   execution 
against,  upon    a    judgment   a- 
gaint  the  estate   of  the  testator 
or  intestate,  till  a  devastavit  be 
proved  447. 

EXERCISE. 
Commanders   to    exercise    their 
men  on  holydays,  h  take  a  cen- 
sus yearly  175,  200. 

EXPORTATION, 
Of  hides  and  skin'.  174, 199,  307. 

3 


Furs  excepted  199.  Of  female 
cattle  prohibited  218.  Leather 
prohibited  307.  Act  prohibit- 
ing exportation  of  hides  and  lea- 
ther repealed  314.  Ol  corn  pro- 
hibited 347.  Inhabitants  not  li- 
able to  export  duties  on  their 
tobacco  410.  Of  mares  and 
sheep  prohibited  463.  Of  hides, 
iron  and  wool  prohibited  488. 
Repealed  525.  Proceedings  in 
house  of  burgesses,  concerning 
497.  Of  English  goods  prohi- 
bited, except  by  those  who  im- 
ported them  519. 

EX   POST  FACTO. 
Judgment  of  Surry  court  revers- 
ed  by  the  assembly,  for  giving 
a  law  an  ex  post  facto  operation 
516. 

EXPULSION, 
Of  members  of  the  house  of  bur- 
gesses 374. 

EXTORTION, 
In  clerk  or  sheriff,  how  punisha- 
ble 295. 

FALSE  NEWS, 
Divulgers   of,  under  the  provisi- 
onal   government,  how  punish- 
ed 434-5. 

FANTLEROY, 
Moore,    a  member  of  the   house 
of  burgesses  suspended,    for    a 
contempt     to     the    house    507. 
Reinstated  507. 

FASTS. 
Monthly  fasts  ordained  289. 

FEES, 
Of  Ministers. — See  Ministers. 
Of  secretary  176,  201,  220,  265, 
463.  Uf  marshal  176,201,220. 
Of  the  secretary's  clerk  ol'  quar- 
ter court  266.     (  f  the  clerks  of 
county  courts  266,  305.    Of  she- 
riffs 266,465.  Uf  atlornies  275. 


£7U 


F. 


INDEX. 


Of  clerks  and  sheriffs  regulated 
295.  What  fees  sheriffs  bound 
to  collect  302,  313.  Of  survey- 
ors 125,  335,  452.  Of  clerks  of 
courts,  to  be  approved  by  the 
courts,  and  then  distrained  for 
357.  Clerks'  to  be  collected  by 
sheriffs  and  collectors  and  dis- 
trained for  465.  Commission 
for  collecting  465.  Limitation 
of  the  recovery  of  clerks1  and 
sheriffs'  4S4.  Of  clerk  of  assem- 
bly 490. 

FENCES. 
Every  man's  ground  to  be  en- 
closed with  sufficient  176,  199, 
244,  332,  458.  What  fence 
deemed  sufficient  332,  458.  Pe- 
nalty for  injuring  cattle,  he. 
where  the  fence  is  insufficient 
332,  458.  If  insufficient,  no  re- 
dress 458.  How  to  be  viewed 
458. 

FERRIES, 
Established,  at  public  expense 
269.  Act  establishing  at  public 
expense,  repealed,  and  county 
courts  may  grant  leave  to  indi- 
viduals, and  fix  the  rates  348. 
May  be  licensed  by  county 
courts  411,  471. 

FINES, 
Imposed  by    county  courts,  how 
appropriated  399,  477. 
FISH. 
See  Staple  Commodities. 

FLAX, 
To  be  cultivated  21 S.     Premium 
for  making  470. 

FLOOD, 
Thomas,  appointed  Indian  inter- 
preter, with  the  salary  of  his  fa- 
ther, John  Flood,  former  inter- 
preter 521. 

FOREIGNERS, 
Included  under  the  term  Dutch. 


&  a  duty  of  ten  shillings  a  hogs- 
head imposed  on  all  tobacco  ex- 
ported bv  them  469. 

FORESTALLING. 
See  Ingrossing  and  Forestalling. 
Statutes  of  England  against  fore- 
stalling and  ingrossing,  adopted 
172.  Definition  of,  and  how  pu- 
nished 194-5,  217,  245.  "  Ex- 
ception 217,  245. 

FORFEITURES, 
On  certain  goods,  remitted  382. 
Of  the  ship  L.eopaldus,  of  Dun- 
kirk 382.  Proceeds  of  sale  of, 
appropriated  385.  Bill  of  sale 
for  382,  note  382.  Not  to  at- 
tach, on  conviction  of  criminals 
398. 

FORM, 
Not  to  be  regarded,  in  any  writ, 
plaint,  or  process,  or  other  pro- 
ceedings, but  judgment  to  be 
given  according  to  the  right  of 
the  cause  486-7. 

FORNICATION. 
See  Adultery. 

How  presented  240,  310.  With 
servants,  how  punishable  253. 
Punishment  of  433.  Singular 
judgment  of  the  governor  and 
council  for  551-2. 

FORTIFICATIONS. 
The  subject  considered  143,  144. 
Fort  to  be  built  at  Point  Com- 
fort 1 50. 
FORTS.— See   Point  Comfort. 
Captain  of,  and   guards  at  Point 
Comfort,  how  paid  226.     Three 
forts  to  be  built  and  garrisoned 
293-4.  Another  fort  to  be  erect- 
ed 315.     Captains  of,  pressing 
tools   from    inhabitants,  how  to 
account  for  them  320.  Proprie- 
tary of,  granted  to  individuals  on 
certain  conditions   326-7,  453. 


F. 


INDEX. 


F. 


571 


Officers  and  soldiers,  how  long 
to  continue  in  service  in  329. 
FRAUDULENT    DEEDS, 

What  conveyances  deemed  frau- 
dulent, unless  registered  227, 
248-9,417-8,472-3.  Extended 
to  goods  and  chattels  41 S.  472-3, 
Alienations  otherwise,  declared 
not  valid  473.  No  conveyance 
valid  till  4  months  after  regis- 
tered 473. 

FREE-SCHOOL, 

Will  of  Benj'n.  Symms,  giving 
lands  to,  confirmed  252. 
FREE  TRADE, 

Allowed  to  all  persons,  and  all 
acts  against  ingrossing  repealed 
296,  463.  Encouraged  with  the 
king's  subjects  in  England  296, 
463.  During  the  commonwealth, 
with  all  foreigners,  they  paying 
an  export  duty  of  ten  shillings 
a  hogshead  for  tobacco  469, 
540.  Enjoyed  by  the  people  of 
Virginia,  during  the  common- 
wealth of  Engl'd  513,  note. 
With  Indians  allow'd,  for  guns, 
powder  and  shot  525.  Right  of, 
under  the  articles  of  surrender, 
asserted  535.  Masters  of  ves- 
sels to  give  bond  and  security 
not  to  interrupt  535.  Form  of 
the  bond  535.  Encouraged  with 
the  Dutch  h  all  strangers,  they 
paying  the  export  duty  of  ten 
•JiiMings  a  hogshead  on  tobac- 
co exported,  and  entering  into 
bond  not  to  molest  others  540. 
A  duty  of  two  shillings  a  hogs- 
head only  paid  on  tobacco  pro- 
duced by  the  sale  of  Negro  slaves 
imported  540. 

FREIGHT. 

No   vessel  arriving  empty,  per- 
mitted   to  take  in  tobacco    on 


freight,  unless  at  £  3.  per  ton 
216-7. 

FRENCHMEN, 
Having  failed  in  the  culture  of 
vines,  not  to  plant  tobacco  261. 
FRONTIERS, 
To  be  assisted,  on  alarms   174, 
19S. 

FUNERALS, 
Guns  may  be  shot  at  401.  Char- 
ges of,  not  to  be  excessive  417. 

GAME.— See  Hunting. 
What  game  may  be   killed  199. 
Shot  oft"  another's  land,  may  be 
pursued  24S,  437. 

GARDENS, 
To  be  fenced  in  126. 

GENERAL  ASSEMBLY. 
See  Assembly. 

GLEBES, 
Parish  levy  for  purchasing  400, 
478. 

GLOUCESTER 
County  374. 

GOLD. 
See  Staple  Commodities. 

GOODS, 
Where  to  be  landed  215.  Con- 
veyance of  goods  and  chattels 
deemed  fraudulent  unless  regis- 
tered 418.  Exportation  of  En- 
glish goods  prohibited,  except 
bv  those  importing  them  519. 
GOVERNMENT.— See  Pro- 
visional Government. 
Civil  government,  during  the 
Commonwealth  371,  373,  514. 
Church  government  433.  Go- 
vernment of  Virginia,  during 
the  commonwealth  of  England, 
entirely  provisional  517,  note. 
Measures  contemplated  by  O- 
liver  Cromwell  for  settling  it, 
frustrated  by  his  death  509, 
527,  note.     Supreme  power  of 


572 


G. 


INDEX. 


G. 


declared  to  be  in  the  Assembly 
530.  Recital  of  none,  in  Eng- 
land 530,  531. 

GOVERNOR. 
Limitation  of  his  power  as  to 
taxes  124,  171,  196  244.  As 
to  withdrawing  inhabitants 
from  their  private  pursuits  124, 
172,  196.  To  attend  divine 
service  at  beat  of  drum  162. — 
Five  or  six  men  allowed  to  the 
governor  172.  Duty  of  secre- 
tary during  absence  of  223. — 
To  reside  at  James  City  226. 
His  power  as  to  the  induction 
of  ministers  241-2.  Special  le- 
vy for  his  accomodation,  in 
consequence  of  the  civu  war  in 
England  280-1.  Of  what  to 
consist,  and  by  what  counties 
payable  281-2.  Expenses  of 
transporting  such  provisions, 
how  paid  284.  A  guard  allow- 
ed to  354.  Richard  Bennett, 
elected  first  governor  under  the 
provisional  government  371. 
Communications  between  him 
and  the  house  of  Burgesses  on 
the  choice  of  a  speaker  377. — 
Salary  of  393.  Edward  Digges, 
second  governor,  during  the 
commonwealth  408.  Stated 
salary  of  governor  423.  His 
perquisities,  castle-duties,  mar- 
riage licenses,  &ic.  423.  Ed- 
ward Digges  requested  to  re- 
tain the  reins  of  government 
during  his  stay  in  the  country 
126.  Rank  of,  in  council,  after 
expiration  of  his  office  426. — 
Samuel  Mathewes,  governor 
elect  426.  His  rank  in  the 
council  426.  Samuel  ,\at- 
thewes,  the  third  governor  e- 
lccted  under  the  provisional  go- 


vernment 431-2,  504.  Elected 
again,  by  act  of  assembly  517. 
Oath  of,  prescribed  by  the  house 
of  burgesses,  during  a  conflict 
between  the  governor  and  coun- 
cil and  house  of  burgesses  as  to 
their  constitutional  power  to  dis- 
solve the  assembly  504.  May 
convene  the  assembly  in  cases  of 
emergency  517.  Sir  William 
Berkeley,  the  fourth  governor, 
elected  under  the  provisional  go- 
vernment526.  Elected  by  actof 
assemblv  530.  Tocallanassem- 
bly  once  in  two  years,  or  oftener 
531.  Restriction  as  to  his 
power  in  dissolving  the  assem- 
bly 531.  Governors  of  Virgi- 
nia, during  the  commonwealth 
of  England,  appointed  by  the 
house  of  burgesses  527,  529, 
note.  Were  the  mere  crea- 
tures of  the  house  of  burges- 
ses 528,  note.  Period  of  the 
election  of  the  several  gover- 
nors of  Virginia,  during  the  ex- 
istence of  the  commonwealth  of 
England  529.  note.  During 
vacancy  of,  how  port-charges 
and  castle  duties  payable,  and 
appropriated  533-4. — Salary  of 
Sr.  Win.  Berkeley  546.  To 
appoint  collectors  of  export  du- 
ties 547,  549.  To  appoint  a 
secretary  of  state  &s  council, 
with  approbation  of  assembly 
547. 

GOVERNOR  &  COUNCIL. 
Limitation  of  their  power  as  to 
taxes  171,  195,  244.  To  be 
members  of  the  house  of  bur- 
gesses 373.  Their  choice  of 
councillors  during  the  recess  of 
the  assembly  confirmed  422. — 
Their    pay,    while     attending 


G. 


INDEX. 


H. 


573 


quarter  courts  and  assemblies 
423.  Contest  between,  &.  house 
of  burgesses,  as  to  the  constitu- 
tional power  of  the  former  to 
dissolve  the  assembly  499,  505. 
Elected  in  1657-8,  pa.  504-5. 
Consult  the  assembly  as  to  the 
right  of  appeal  515,  516.  E- 
lected  for  1658  9,  pa.  517.— 
Tenure  of  their  offices  617. — 
How  appointed,  and  removed 
517.  To  compose  a  court  of 
admiralty  437.  Their  juris- 
diction 537-8. 

GRANARY.— See  Public  Gra- 
nary. 

GRAND     ASSEMBLY.— See 
Assembly. 

GRAND  JURY 

To  be  impanndled  at  Midsum- 
mer and    \larch  county  courts 
304.       What  to  present  304.— 
At  every  county  court  463. — 
Acts  for,  repealed  521. 
GRANTS.— See  Patents. 
GREGORIAN  CALEN- 
DAR 393,  note. 
GROUND.— See  Lands. 
GROUND  LEAVES, 

Tobacco  mixed  with  no  longer 
merchantable  487-8.  Prior 
debts,  how  discharged  488. — 
Penalty  for  mixing  ground 
leaves  with  top  tobacco  488.- 
Proceedings  in  the  house  of 
burgesses  concerning  496. — 
Judgment  of  the  Assembly  con- 
cerning 516.  Not  to  be  dispos- 
ed of  524.  Penalty  524.  Pro- 
vision in  case  of  previous  con- 
tracts 524. 

GUARDIANS 

Consent  to  marriage,  when  ne- 
cessary 156,  181,  Their  duty 
in    relation  to  the  persons  and 


estates  of  their  wards  267.  To 
educate  their  wards  on  the  in- 
terest of  their  estates  41 6. — 
To  return  cattle  &c.  in  kind, 
to  their  wards  416.  To  give 
sufficient  security  416.  Power 
of  courts  over  4i6,  417.  Their 
commissions  417. 

GUN  CARRIAGES.— See  Or- 
dinance. 
GUNS. — See  Indians. 

Not  to  be  shot  at  drinkings,  ex- 
cept marriages  and  funerals 
401.  Penalty  for  bartering  or 
selling  to  Indians  441.  For 
lending  441.  Indians  may  use 
their  own,  within  their  limits 
518.  Free  trade  allowed  with 
Indians  for  525.  Every  man 
to  be  provided  with,  and  a  cer- 
tain proportion  of  powder  and 
shot  525. 

HAINES, 

Henry,  committed  by  the  house 
of  burgesses,  for  refusing  to 
pay  the  duty  of  two  shillings 
a  hogshead  on  tobacco  export- 
ed 514. 

HAIR 

Of  runaway   servants   to  be  cut 

close  above  the  ears  517,  518. 

HAMMOND, 

Manwaring,    appointed     Major- 
General  of  Virginia  545. 
HAMPTON   PARISH, 

Chescajte,  changed  to  251. 
HARROP 

Parish  established  317. 
HARVEY. 

An  assembly  called  to  receive 
complaints  against  Sir  John 
Harvey  223.  Thrust  out  of  his 
government  and  Capt.  John 
West  provisionally  appointed 
223. 


574 


H. 


INDEX. 


I. 


HATCHER, 
William,     proceedings    against, 
for  slandering  the  speaker,  Ed- 
ward Hill  387. 

HEMP 
To  be  cultivated  218. 
HENRICO, 
One  of  the  original  counties  224. 
„  A  HIDES. 

No  hides  or  skins  to  be  export- 
ed 1 74,  199,  307.  Beaver  and 
otter  skins  and  furs  of  all  kinds 
excepted  199.  Act  prohibit- 
ing exportation  of,  repealed 
314. 

HIGHWAYS, 
How  laid  out   199,  436.     Sur- 
veyors of,   to    be  annually    ap- 
pointed 436. 

HILL, 
Edward,  proceedings  against 
Wm.  Hatcher  for  slandering 
387.  Suspended  for  improper 
conduct,  in  the  war  with  the 
Richahecrian  Indians  422.  A- 
braham  Wood  appointed  Co- 
lonel of  the  regiment  of  Charles 
Citty  and  Henrico,  in  his  room 
426. 

HISTORIANS, 
Their   ignorance  of  the    public 
transactions  of  Virginia  during 
the  commonwealth  of  England 
513  note,  526  note. 
HOGSHEAD  OF  TOBACCO. 
Size  of  435,  456. 

HOGS. 
Wild  hogs  not  to  be  killed,  but 
by  license  from  the  governor 
199,  244,  but  for  every  wolf 
killed,  one  wild  hog  may  be 
killed  199.  To  be  confined  at 
night,  and  have  keepers  by  day 
228.  Felony  to  steal  and  kill 
a  tame  hog  244.     Altered  to  a 


pecuniary   fine   351.       Ears  of 
hogs  killed  how  viewed  244. 
HOGSTEALING, 
Felony,  244.  Altered  to  a  pecu- 
niary fine  351. 

HOLY  DAYS. 
The  22d  of  March  123, 177, 202, 
263,  459.      The  18th  of  April 
290,  459. 

HOMICIDE, 
Per  misadventure,  case  of  406. 
Pardon  for  406. 

HOPS, 
Premium  for  making  470. 

HOUSES, 
Penalty  for  burning,  for  the  sake 
of  nails  291. 

HUE  and  CRY, 
Proceedings  upon,   against  run- 
away servants  483. 
HUNTING. 
What  game  may  be  killed   199. 
No  wild  Hogs,  unless   as  a  re- 
ward for  killing  wolves   199. — 
But  deer,    he.   may   be    killed 
199.     Not  to  hunt  or  shoot  on 
other    men's    land,  seated   and 
bounded  228.  248,  437.    Game 
shot  off  another's  land  may   be 
pursued  on  it  248,  437.     Inha- 
bitants restrained  from  hunting 
in  small  parties  300-1. 
IMPORTATION  RIGHTS. 
Lands   for   importing    servants, 
how  obtained  274,  444. 
IMPRESSMENT 
Of  soldiers  justified  355. 

IMPROVEMENTS 
To  be  paid  for,  where  lands  are 
settled    through    mistake   260, 
443.     Exception  349,  444. 
INC  LOS  U  RES.— See  Fences. 
INCONTINENCE.— See     A 
dulterv. 


r. 


INDEX. 


I. 


576 


INDEMNITY, 

Act  of,  at   the   surrender  of  the  | 
colony  of  Virginia  to  the  parli- 
ament of  Engfand  367,  472. 
INDENTURES, 

Servants  imported  without,  how 
long  to  serve  257,  441. 
INDEPENDENCE, 

Declaration  of  32,  30. 
INDIANS, 

Trade  with,  for  corn,  prohibited 
126.  So,  of  every  kind  173, 
255.  Dwelling  houses  palisad- 
ed for  defence  against  127. — 
Precautions  as  to  arms,  he.  127, 
173,  198.  Shooting  guns  401. 
When  to  fall  upon  them  128, 
176.  Commanders  of  planta- 
tions to  levy  a  force  to  repel 
them  140,  193.  War  against 
140,  141.  New  comers  not 
exempted  from  war  141.  Cer- 
tain Indians  to  be  supported 
at  public  expense  143.  War 
against  153.  None  to  speak  or 
parley  with  167,  192.  Penalty 
ibid.  Exception  as  to  Eastern 
Shore,  ibid.  Penalty  for  sel- 
ling arms  or  ammunition  to  219, 
255.  Cloth  not  to  be  sold  to 
219.  Punishment  for  trading 
with  227.  Felony  for  runaway 
servants  to  carry  aims  or  am- 
munition to  255.  Expense  of 
war  against,  how  paid  287. — 
Persons  wounded  -mi  expediti- 
on against,  how  provided  for 
287.  Tax,  for  expenses  of  war 
against  Pamunky  &.  Chickaho- 
miny  287.  Certain  counties  to 
be  associated  to  carry  on  the 
war  against  the  Indians  292. 
Number  of  men,  how  raised, 
their  pay,  subsistence,  &.c.  292- 
3.  Inhabitants  not  to  hijnl  or 
strap--1*  abroad  in  small  parties 


for  fear  of  300-1.  War  against 
Nansimum  Indians  315.  Ar- 
rangements for  a  general  war 
317,  318,  319.  Treaty  with 
Necotowance,  king  of  323,  326. 
Places  to  repair  to,  when  com- 
ing on  messages  348.  Act  de- 
claring there  should  be  no 
peace  with,  and  for  cutting 
down  their  corn,  repealed  333. 
Act  for  marching  against,  re- 
pealed 333.  Extraordinary  tax 
to  defray  the  expense  of  an  In- 
dian war  337.  Provision  for 
Tottopottomoy  380.  Settlers 
on  lands  of  the  Pamunky  or 
Chickahominy  to  be  removed 
380.  Of  Gloucester  &.  Lancas- 
ter counties  to  have  lands  &  hun- 
ting grounds  assigned  to  them 
382.  Act  of  indemnity  to  those 
who  have  lent  guns  to  382. — 
War  with  Rappahannock  38S- 
9.  Not  to  be  employed  with 
guns,  without  license  391,  470. 
Commissioners  of  North'n.  to 
take  acknowledgment  of  their 
lands  391,  470.  ^To  be  approv- 
ed by  governor  and  council 
391,  470.  Not  to  be  killed, 
unless  doing  mischief  410.  Re- 
pealed 415.  Not  to  be  killed, 
unless  for  what  would  be  felonv 
in  an  Englishman  415.  Not 
to  be  entertained  without  li- 
cense 410,  471.  Children  of, 
how  taken  as  servants,  and  edu- 
cated 410,  471.  Plan  of  civili- 
zation of  393,  476.  Reward 
to,  for  killing  wolves  395. — 
Treatment  of  Indian  children 
396.  Lands  of,  not  alienable 
without  consent  of  assemblv 
396.  Western  and  Inland,  seat- 
ed near  the  falls  of  James  Ri- 
ver, war  against  402-3.     How 


576 


I. 


INDEX. 


I. 


punishable  for  trespasses  415. 
Not  to  come  within  inclosures 
without  a  ticket  415.  Free 
trade  with  415.  Disputes  with, 
how  settled  415.  War  with 
Richahecrians  422.  Penalty 
for  bartering  or  selling  arms  to 
441.  For  lending  441.  Chil- 
dren of,  not  to  be  assigned  over 
455-6.  When  to  be  free  456. 
To  be  first  served  with  lands 
456-7.  Hunting  ground  al- 
lowed them  457.  Their  lands 
included  in  patents  to  be  relin- 
quished, or  purchased  457. — 
To  be  employed  to  kill  wolves 
457.  Their  titles  to  land  con- 
firmed 467.  None  to  eucroach 
upon    lands   claimed   by    them 

467.  Commissioners  respon- 
sible for  wrongs  done  to  the 
Indians  468.  To  be  assisted 
in    removing    to    vacant  lands 

468.  Not  to  sell  their  lands 
except  at  quarter  courts  468. 
Settlers  on  Pamunky  &  Chick- 
ahominy  recalled  468.  Per- 
mission to  Indians  to  hunt 
468.  Exception  468.  No  pa- 
tent to  be  valid  which  encroach- 
es on  Indians'  lauds  468.  Pe- 
nalty for  stealing  Indians  482. 
For  purchasing  them  482. 
Wiccacomico,  desertion  &  sale 
of  their  lands  515.  May  use 
their  own  guns,  within  their 
limits  518.  Thomas  Flood  ap- 
pointed interpreter  521.  Free 
trade  with,  allowed,  for  guns, 
powder  and  shot  525.  No 
debts  recoverable  from  541. 
Permission  given  to  carry  an 
Indian  boy  into  Englaad,  with 
leave  of  his  parents  546.  The 
king     of    Weanoak    protected 


from  arrests  for  a  certain  time 
547 

INDUCTION 

Of  ministers  241-2. 
INFANTS.— See  Orphans. 

Penalty    for   dealing    with   269, 
270. 
INGROSSING   and  FORE- 
STALL 1NG, 

Penalty  for,  and  regulations  a- 
gainst  150-1,  166,  190.  Sta- 
tutes of  England  against,  adop- 
ted 172.  Definition  of,  and 
how  punished  194-5,  217,  245. 
Exception  217,  245.  All  acts 
against  ingrossing  repealed  296. 
INHABITANTS, 

Not  to  go  abroad  in  such  num- 
bers as  to  endanger  the  planta- 
tion, 127.  Permitted  to  dis- 
perse and  form  distinct  settle- 
ments 285-6.  Not  to  hunt  or 
straggle  abroad  in  small  parties 
300-1.  Not  to  migrate  from 
the  collony  321.  Not  liable  to 
export  duties  410.  Exempted 
from  castle-duties  402. 
INSOLVENT  DEBTORS, 

How  relieved  294,  346.  453. 
INSPECTION  of  TOBAC- 
CO.— See  Tobacco. 

First  inspection  law  152.  By 
whom  tobacco  tendered  in  pay- 
ment, to  be  viewed  152.  Bad 
tobacco  to  be  burnt  152.  A- 
mendment  tin  inspection  law 
165,190.  Another  amendment 
204,  211. 

INSPECTORS— See  Tobacco. 
INTERPRETER 

For  the  governor,  his  salary  222, 
328.  Thomas  Flood  appoint- 
ed with  the  salary  of  his  father, 
John  Flood,  former  interpreter 
521.  . 


1. 


INDEX. 


I. 


S11 


INTERREGNUM, 
State  of,   in  Virginia  .529.  note. 
Laws  arising  from  5:31. 
INVALIDS, 
Provision  for  287.     Alteration  in 
law  concerning  31 1.      Act  con- 
cerning, repealed  334. 
INVASIONS.— See  Alarms. 

INVENTORY, 
Of  ail   estates,    together    with   a 
census  to  be  taken  yearly  175, 
200. 

IRISH  SERVANTS, 
Their  time  of  service  411.    Ex- 
tended to  all   aliens  471.     The 
act  repealed  538-9. 
IRON, 
Exportation  of,    prohibited  488. 
Again  permitted  525. 
ISLE  OF  WIGHT, 
i  Warrosqnoyacke  changed  to  in 
1637.)   Boundaries  of  228.  Fi- 
nally determined  247.     Divid- 
ed into  parishes  278-9.     Com- 
missioners to  ascertain  bounda- 
ries of,  and  of  Nansimum  404. 
Two  courts  held  in  409.     Re- 
pealed 550.  Part  of  Upper  Nor- 
folk added  to  423. 

JAMES  CITY, 
One  of  the  original  counties  224. 
Sole  port  of  entry  126, 163, 191, 
206,  214,  245-6.  To  be  the 
chief  town  226.  Unimproved 
lots  in,  how  &t  upon  what  terms 
taken  up  252.  Merchants  not 
to  retail  wines  or  strong  waters 
in  319.  Weekly  markets  estab- 
lished in  362.  ' 

JEOFAILS, 
Act  of  486. 

JOURNALS, 
Extracts  from,  in  March  1657-8, 
pa.  495.  On  the  subject  of  law- 
yers 495.     Ground  leaves  49t;. 

4 


Time  of  planting  tobacco  496, 
Adjournment  or  dissolution  of 
the  assembly  496.  Exportation 
of  hides,  wool  and  iron  497. 
How  subjects  to  be  discussed  in 
the  assembly  497.  Charles  City 
county,  not  to  be  divided,  but 
two  courts  to  be  held  in  it  497. 
Reasons  for  laying  a  duty  on  to- 
bacco exported  498.  Salary  of 
governor  498.  Allowance  of 
accommodation  to  councillors 
at  quarter  courts  &  assemblies, 
rescinded  498.  Proposition  to 
reduce  the  number  of  burgess- 
es for  a  county,  negatived  498. 
Middletown  parish  established 
498.  Contest  between  the  go- 
vernor and  house  of  burgesses, 
as  to  the  power  of  dissolving  the 
assembly  499,  505.  Extract 
from  journals  of  March  1658-9, 
pa.  505,  516. 

.     JUDGES, 

Of  monthly  courts,  who  125. 
JUDGMENTS, 

To  be  in  money,  and  not  tobacco 
216.  May  be  confessed  out  of 
court  304,  447,  455.  Certified 
from  one  county,  execution  may 
issue  in  another  304,  4!  8.  Of 
the  assembly,  in  civil  actions 
375.  Against  Nathaniel  iiatt- 
son  383,  385.  Confession  of 
when  to  be  recorded  455.  Of  no 
force  after  5  years  484.  Must 
be  renewed  by  scire  facias,  af- 
ter one  year  483.  To  be  given 
according  to  the  right  of  the 
case,  without  regard  to  form 
486-7.  Of  the  Assembly  revers- 
ing a  judgment  of  Surry  court, 
for  giving  a  law  an  ex  post  '".tcto 
operation  5 16.  Against  a  public 
collector  547. 


>?8 


K. 


INDEX. 


JUDICIAL   PROCEEDINGS, 

Of  the  assembly  375-6,510,  545, 
&c. 

JULIAN  CALENDAR, 

393,  Note. 

JURISDICTION. 

See  Appeals,  Assembly,  county, 
monthly  and  quarter  courts. 

Of  monthly  courts  125.  Of  a  sin- 
gle magistrate  273,  335,  399, 
462.  During  the  commonwealth 
435,  462,  477.  Of  two  magis- 
trates 435.  Of  comity  courts, 
during  the  commonwealth  477. 
Of  the  quarter  courts  477.  Pe- 
nalty for  suing  otherwise  477. 
JURORS, 

The   number    used   in    criminal 

prosecutions  146.     Of  matrons 

209.     Their  qualifications  303. 

Allowance  313.  Demeanor  314. 

JURY, 

Trial  by,secur'd  to  those  who  de- 
sire it  273, 303, 474.  Of  whom 
to  consist  303.  How  to  be  kept 
303.  Allowance  to  313,  474. 
Their  demeanor  314,  474. — 
Grand,  to  attend  at  midsummer 
and  March  county  courts  304. 
To  attend  every  court  463. — 
Acts  for  grand  juries  repealed 
521.  To  assess  damages  on  ap- 
peals 541. 

JUSTICES   OF   THE    PEACE, 

Same  as  commiss'rs  of  monthly 
courts  169.  Jurisdiction  of  a 
single  one  273,  335,  399,  435, 
402,  477.  Of  two  justices 
435. 

KING, 

His  debts  to  be  preferred  351. 
execution  of  Charles  I.  p.  35S, 
note.  Penalty  for  aspersing  his 
memory  360.  Treason  to  deny 
the  right  of  Charles  IT.  to  the 
crown  359,  360. 


K1SKYACKE, 
When  and  how  settled  139.  En 
couragenrt.  to  adventurers  140. 
LANCASTER 
County  374,  Divided,  and  Rap- 
pahannock formed  427. 
LANDS, 
Of  each  planter  to  be  surveyed 
125,173,197.  Bounds  tobere- 
corded,  ibid.  How  disputes  a- 
bout,  decided,  ibid.  To  be  en- 
closed with  sufficient  fences  176. 
Of  orphans  protected  irom  saie, 
forfeiture,  he.  260, 443.  Settled 
through  mistake,  the  occupant 
to  be  paid  for  his  improvements 
260,  443.  Exception  349,  444. 
if  the  improvements  amount  to 
more  than  the  land,  the  settler 
compelled  to  take  the  land  at 
valuation  260,  443.  Orphans' 
land  excepted  260, 444.  No  per- 
son bound  to  re-survcy  262.  How 
obtained  for  importing  servants 
274.  On  Rappahannock,  settle- 
ment of,  postponed,  ib.  Grants 
for  lands  in  Rappahannock, how 
obtained,  ibid.  Deserted,  may 
be  taken  up  291.  Limitation  of 
actions  for  331,451.  Excepti- 
on in  favor  of  orphans  331,  451. 
Also  femes  covert  and  lunatics 
451.  Further  time  for  seating 
allowed,  on  account  of  tie  mas- 
sacre and  scarcity  of  corn  349. 
Commissioners  of  North'n  to 
take  acknowledgment  of  Indi- 
ans' lauds  39 1.  How  confirmed 
391.  Of  Indians,  not  alienable, 
but  by  consent  of  assembly  396. 
To  be  first  assigned  to  Indians 
456-7.  Proportion  457.  Hunt- 
ing grounds  allowed,  ibid.  In- 
cluded in  patents,  to  be  relin- 
quished or  purchased,  ibid. — 
Indians'  lands  confirmed   467 


L. 


INDEX. 


L. 


579 


Various  regulations  concerning  j 
ibid.  No  patent  valid  which  en-  j 
croaclies  upon  Indians',  ibid. — 
Lapsed,  or  deserted  land,  how 
acquired  468.  No  plat  of,  to  be 
delivered  till  six  months  after 
made  from  the  survey  5  IS. 
To  he  plainly  marked  Si  bound- 
ed ■ibid.  Penalty  ibid.  Elder  pa- 
tentees to  shew  their  bounds  to 
those  wishing  to  survey  adjoin- 
ing 519.  Consequence  of  neg- 
lect, ibid.  Exception  as  to  or- 
phans and  non-residents,  ibid. 
Bounds  of,  to  be  renewed  from 
time  to  time,  ibid. 

LAPSED  LAND. 

Lands  deserted  by  inhabitants, 
may  be  taken  up  by  others  291. 
How  acquired  468. 

LAWNE'S  CREEK, 

Parish      of,    established    229. — 
Boundaries  altered  277. 
LAW  HENCE, 

Henry,  president  of  Oliv.  Crom- 
well's council  510.  His  charac- 
ter 510,  note. 

LAWS, 

May  be  enacted  by  Northamp- 
ton county,  concerning  Indians 
and  manufactures,  to  be  con- 
firmed by  the  assembly  396. — 
Provision  for  revisal  421,  425, 
427.  All  laws  contravening  the 
provisional  government  repeal- 
ed 531. 

LAWYERS. 

See  Attomies  at  Law. 

Conference  between  the  house  of 
burgesses,     and     governor    and 
council,  as  to  the  constitutional 
right  of  expelling  them  495-6. 
LEAD. 

Act  requiring  all  lead  to  be  melt- 
ed into  shot  repealed  319. 
LEAP  YEAR,  393,  note. 


LEATHER, 

Exportation  of,  prohibited  307. 
Act  prohibiting  exportation  of, 
repealed  314. 

LECTURER, 

May  be  used,  in  absence  of  mi- 
nister 290. 

LETTERS, 

Answer  to  the  king's,  on  the  sub- 
ject of  staple  commodities  131. 
To  be  written  to  Samuel  Mat- 
thews &  Rich'd  Bennett,  while 
in  England  425.  To  the  protec- 
tor and  secretary  of  state  426. 
Public,  how  conveyed  436. — 
From  the  president  of  Oliver 
Cromwell's  council,  announc- 
ing his  death,  and  the  accession 
of  Richard  Cromwell  509-10. 
Proceedings  of  the  house  of 
buraesses  thereon  511. 
LEVIES.— See  Taxes. 

Duty  of  church-wardens  in  re- 
lation to  241.  Poor  exempted 
from,  except  parish  duties  242. 
Special  levy  for  the  governor's 
accommodation,  in  consequence 
of  the  civil  war  in  Engl'd  280, 
281-2.  When  public  levies 
payable  319,  334.  Sheriffs  may 
distrain  for  320.  None  to  be 
raised,  but  by  a  grand  assembly 
320.  To  have  a  preference  over 
all  other  debts  330,  450.  To  be 
received  by  collectors,  instead 
of  sherriffs  342-3.  Arrears  of,  in 
Isle  of  Wight,  how  collected 
383.  During  vacancy  of  minis- 
ter, for  building  church,  Si  pur- 
chasing glebe  400.  John  West 
and  family  exempted  from  pay- 
ment of,  in  consequence  of  the 
services  of  his  ancestors  547. 
LEOPALpUS, 

Ship,  forfeited  382-3.  Proceeds 
of  sale  of.  appropriated  385. 


obo 


L. 


INDEX. 


M. 


LICENSE, 

Marriage,  how  obtained  156, 
181,  241,  433.  Penalty  on  mi- 
nisters for  marrying  without 
332,  433. 

LIMITATION. 

Of  actions  on  accounts  and  book 
debts  301.  Exception  302.— 
Further  exception  312.  Of  suits 
for  land  331,  451.  Exception  in 
favor  of  orphans  $31,  451.  Al- 
so femes  covert,  &,c.  451.  No 
bills,  bonds,  or  written  engage- 
ments recoverable,  after  three 
years  from  their  date,  unless 
renewed,  sued  upon  or  n  coi  r  ! 
390.  Extended  to  judgments 
also,  and  limited  to  five  years 
483-4.  Exfcept  where  the  deb- 
tor  removes  out  cf  the  county 
484.  Of  clerks'  and  sheriffs' 
fees,  and  county  and  public  le- 
vies 484. 

LISTS, 

Of  passengers  to  be  delivered  at 
Point  Comfort  166,  191,  392. 
Of  taxable  property,  how  taken 
306.  Of  tithables,  when  h  how 
taken  361,388,  454-5. 
LITURGY, 

Of  the  church  of  England,  to  be 
observed  241. 

LORD'S  DAY.— See  Sabbath. 

No  journeys  to  be  performed  on, 

nor  goods  laden,  nor  guns  fired 

434.    Penally  ibid.    Servants  h 

others  to  attend  church  on,  ibid. 

LOWER  NORFOLK, 

Boundaries  of  228.     Finally  de- 
termined   247.     May  elect  bur- 
gesses in  each  parish  277. 
LYNIIAVEN, 

Boundaries  of  Lynhaven  parish 
250.  Inhabitants  not  to  be  ex- 
ercised   out  of  the   limits  of  the 


parish,  ibid.     May  choose  bur- 
gesses, ibid. 

MAIDS, 

Two,    got  with  child  at  sea,  or- 
dered to  be  sent  back  552. 
MAJOR  GENERAL, 

Of  Virginia,  appointed  545. 
MANSLAUGHTER, 

Woman    found     guilty    of,     and 
pleads  pregnancy,  jury  of  ma- 
trons find  her  not  pregnant  209. 
MARES, 

Exportation  of,  prohibited   463. 
MARITIME  CAUSES, 

County  courts  to  havejurisdiction 
of  466-7. 

MARKETS, 

Weekly,  established  in  James 
City  362.  Limits  363.  Con- 
tiacts  madp  within,  how  enfor- 
ced 362.  Ports  &  markets  es- 
tablished in  each  county  412, 
414.  The  last  act  repealed  397, 
476. 

MARRIAGES, 

Register  of,  to  be  kept  by  minis- 
ter &.  church- wardens  155,  158, 
180,  241,  433.  Fees  for  160, 
184.  Where  celebrated  183. 
How  156,  181,  241.  Of  ser- 
vants, without  leave  of  owners, 
how  punishable  252-3,  438.— 
Penalty  on  minister  for  marry- 
ing without  license  or  banns 
332j  433.  Guns  may  be  shot  at 
401.  Fees  for  marriage  licenses 
payable  to  governor  423. — 
Mode  of  keeping  register  of, 
changed  542. 

MARSHAL, 

His  fees  176,  201,  220. 
MARSHART. 

Compensation  to  capt.  Marshart, 
for  gun  carriages  171,  195. — 
Donation  to  his  wife  and  chil- 
dren 171,  195. 


M. 


INDEX. 


M. 


581 


MARSTON  PARISH  388. 
MARTIN, 

Solomon,  committed  for  slander- 
ing a  member  of  the  council 
515. 

MARYLAND, 

Compact  with  the   governor  of. 
as  to  commerce  276.     Dispute 
with,  as  to  boundaries  425. 
MASSACRE, 

Holy  days  in  commemoration  of 
escape  from,  the  22d  of  March 
123,  177,  202,  263.  The  18th 
of  April  290.  The  22d  of 
March  and  18th  of  April  459. 
MATRIMONY, 

How  to  be  celebrated  156,  181, 
241,  433.  At  what  hours  of 
the  day  ibid.  Consent  of  pa- 
rents and  guardians  ibid. — 
Where  158,  183. 

MATTHEWES,  SAMUEL, 

How  to  proceed  in  building  fort 
at  Point  Comfort  150,  175. — 
Guard  allowed  at  175.  Fur- 
ther allowance  to  177.  How 
paid  221.  Letters  to,  while  in 
England  425.  Governor  elect 
426.  His  rank  in  council  426. 
The  third  governor  elected 
under  the  provisional  govern- 
ment 431-2,  504,  516.  His 
death  528,  note.  Suits  against 
his  executors  removed  before 
the  governor  and  council  546. 
MASTERS  OF  VESSELS, 

Transporting  debtors  without 
previous  notice,  liable  for  their 
debts  200,  243.  So,  without  a 
pass  437.  To  give  bond  and 
security  not  to  molest  any  per- 
son trading  under  the  protection 
of  the  laws  of  Virginia  535. 
MEASURES.— See  Barrels, 
Weights  and  Measures. 


MECHANICS 

To  follow  their  trades,  and  not 
plant  tobacco  or  corn  208. 
MERCHANDIZE, 

Where  to  be  landed  215. 
MERCHANTS 

Encouraged  to  supply  the  co- 
lony with  goods  216,  217. — 
Dutch  encouraged  258.  Not 
to  retail  wines  or  strong  waters 
within  James  City  319.  To  be 
encouraged  476. 

MIDDLE  PLANTATION, 

Encouragement  for  settling  208. 
M1DDLETOWN 

Parish  498  9. 

MIGRATION 

Of  inhabitants  prohibited  321. 
MILITIA, 

Officers  of,  to  see  that  every  man 
is  furnished  with  a  gun  and  a 
certain  quantity  of  powder  and 
shot  525. 

MILLERS, 

What  toll  they  may  take  301, 
485.  To  provide  statute  wei'ts 
and  scales  348.  Penalty  for 
not  sufficiently  grinding,  or  for 
exacting  more  than  legal  toll 
348.  To  provide  statute  weights 
or  steelyards  485.  Penalty  for 
not  grinding  or  exchanging,  or 
for  exacting  more  than  legal  toll 
ibid. 

MINISTERS 

Absenting  themselves  from 
church  123.  Penalty  for  dis- 
paraging 124,  156,  181.  To 
be  first  paid  124,  207.  Who 
to  pay  them  tithes  144,  241, 
361-2.  To  conform  to  the  ca- 
nons of  the  church  of  England 
149,  277.  When  to  make  their 
presentments,  and  return  a  re- 
gister of  marriages,  births  and 


532 


M. 


INDEX. 


M. 


burials  155,  ISO.  How  to  ce- 
lebrate matrimony  156,  181, 
241.  To  preach  a  sermon  eve- 
ry Sunday  157,  181,  290,  311. 
To  catechise  children  ibid. — 
To  visit  the  sick  157-8,  182, 
290.       Their    deportment    158, 

183.  To  administer  the  com- 
munion 158,  1S3.  Their  al- 
lowance 159,  242.  How  col- 
lected 160,  184,  207,  243  — 
Tithes  of  calves,  Sic.  159,  !84, 
207.  How  collected  ibid.  Their 
fees    for    marriages,    &c.    160, 

184,  243.     Church-wardens  li- 
able for  their  dues,   if  tiny  fail 
to  collect  them  160,  185.    Their 
tobacco  to  be  carried   to   ware 
houses  207.      Altered  as  to  pay- 
ment of  tobacco  243.     To  ap- 
point deacons  208.     Act  allow- 
ing tithes  repealed  220.     How 
paid  in   1639,   pa.    226.     How 
presented,  inducted,  and  remov- 
ed   241-2.       To    reside    within 
their  cure    290.     When   a    lec- 
turer may  be  used  290.     Ves- 
tries  may  augment    their   sala- 
ries  328.      Penally  for  marry- 
ing   without    license    or    banns 
332,    433.      Refusing  to    read 
prayers  not  entitled  to  their  sa- 
lary  341-2.      During   vacancy 
of,    all    parishes   to   pay  levies, 
for  building  a  church  and  pur- 
chasing a  giebe  400.      Reward 
for   importing   418.       Minister 
and  six  of  his  family  exempted 
from    public   levies  424.     I  low 
and   by  whom    examined    ibid. 
None  but,  to  celeb.ate  the  rites 
of  matrimony  during  the  com- 
monwealth 433. 

MINORS. 
See  Infants. 


MONCK, 
General,    his    reserved    conduct 
528-9,  note. 

MONEY. 
Contracts  and  pleadings  to  be  in 
money  and  not  in  tobacco  216. 
Not  to  be  in  money  262.  Mo- 
ney debts  not  recoverable,  un- 
less contracted  for  horses,  mares 
or  sheep  267-8.  Again  re- 
coverable 417,  473.  Law  for 
coinage  of  308-9.  Pieces  of 
eight  of  whatever  metal,  to 
piss  current  410.  Law  repeal- 
ed 397.  Value  of  pieces  of 
eight  493.  Not  to  be  exported 
above  the  value  of  forty  shil- 
lings 493. 

MONTHLY  COURTS, 
Origin   of  125.     Jurisdiction  ib. 
Judges   of  ibid.      Appeal   from 
ibid.     Double  damages  on  ap- 
peals   ibid.     May    fine   persons 
of   quality  who   are  delinquent 
as  to   powder    127.       Form    of 
commission    to     commissioners 
of  132.     Jurisdiction  of,  as   to 
offences  against  the    act   limit- 
ing the  price  of  tobacco    163. 
Where   held    168,    185.     Com- 
mission to  certain  commission- 
ers 168-9,  186.     Power  and  ju- 
risdiction ibid.     Oath  of  com- 
missioners   169,187.     May  pu- 
nish   for    taking    away    boats, 
canoes  or  weirs  170.     To  pro- 
vide for  sealing  barrels  ibid. — 
Jurisdiction       extended      224. 
Name    of,    changed    to    county 
courts  273. 

MORATLCK.— See       Roan- 
oake. 

MORTGAGES 
Deemed    fraudulent,   unless    en- 
tered In  some  court  227.     To 


N. 


INDEX. 


N. 


583 


be  registered  in  a  quarter  or 
monthly  court,  or  be  void  248- 
9.  Not  to  extend  to  a  bill  of 
sale  of  estate  to  a  creditor,  ac- 
companied by  delivery  of  pos- 
session 249. 

MULBERRY  TREES 

To   be  planted    126,  420,   481. 

Act  for  planting  repealed  520. 

MUSTER 

Of  inhabitants  175,  200.  No 
writ  or  warrant  to  be  executed 
on  a  Sabbath  day,  or  at  a  mus- 
ter 457. 

MUSTER  MASTER  GENERAL, 
How  paid  226. 

NAILS. 

Penalty   for  burning  houses  for 
the  sake  of  nails  291. 
NANSIMUM, 

Name  of  Upper  Norfolk  coun- 
ty changed  to  321.  Commis- 
sioners appointed  to  ascertain 
buundaries  of,  and  of  Isle  of 
Wight  404. 

NAVIGATION, 

Act  of,  passed  in  1651,  never  en- 
forced in  Virginia  5.13,  note. 
NECOTOWANCE, 

Treaty  with  323,  326,  453. 
NEGROES. 

Singular  judgments  of  the  go- 
vernor and  council  for  lying 
with  a  negro  146,  552  When 
first  introduced  in  Virginia 
146,  note..  Not  to  have  fire 
arms  226.  Duty  payable  on 
tobacco  exported,  produced  by 
the  sale  of  them  540. 
NEWCOMERS 

Not  restrained  from  planting  to- 
bacco, or  exempted  from  the 
Indian  war  141.  Exempted 
for  the  first  year,  from  the  war, 
but  must  contribute  to  the  ex- 


pense   150.     Tax   on,   for   the 
fort  222. 

NEW  ENGLAND, 

No  person  to  remove  to,  with- 
out a  pass  from  the  governor 
200. 

NEW-KENT 

County  387-8. 

NEWS, 

Divulgers  of  false,  how  punish- 
ed 434-5. 

NEW  STYLE  393,  note. 
When  adopted  in  England,  and 
the  colonies  393,  note.  Vari- 
able and  irregular  manner  of 
writing  the  date  of  the  year 
before  494. 

NON-CON  FOR  MISTS 

Compelled  to  depart  the  colony 
277. 

NON  EST  INVENTUS, 

Proceedings  upon  return  of  466. 
NON-RESIDENTS, 

Their  lands  protected  from  loca- 
tion 519.  To  give  security  for 
costs  522. 

NORFOLK.— See  Upper  and 
Lower  Norfolk. 

NORTHAMPTON, 

Accawmacke  changed  to  249. 
Divided  into  parishes  249. — 
A  paper  subscribed  by  inhabi- 
tants of,  deemed  scandalous  &. 
seditious  380.  Governor  and 
secretary  to  quiet  the  discon- 
tents of  the  people  of  380. — 
Certain  commissioners  to  at- 
tend them  384.  Their  powers 
ibid.  Commissioners  of,  may 
take  acknowledgment  of  Indi- 
ans' lands  391.  Two  courts 
held  in  409.  May  enact  laws 
concerning  Indians  and  manu- 
factures 396,  476.  Appeals 
from  520,  541. 


584 


O. 


INDEX. 


O. 


NORTHUMBERLAND, 
Inhabitants  of,  to  pay  taxes  or  be 
called   off  from  the  settlement 
337-8.     County  of,  established 

352.  To  elect  burgesses  353. 
Patents  to  issue  for  their  lands 

353.  To  be  rated  for  public 
taxes  353.  What  inhabitants 
included  in  362. 

NUTMEG  QUARTER 

Parish,  provision  for  uniting  to 
Denbigh  425. 

OATHS 

Of  members  of  the  council  116. 
Of  allegiance  and  supremacy 
administered  to  the  governor 
and  council  and  burgesses  149. 
To  be  taken  by  persons  arriv- 
ing at  Point  Comfort  166,  191. 
Of  church  wardens  156,  182. 
Of  commissioners  of  monthly 
courts  169.  Of  burgesses  371, 
378,  508.  Administered  by 
the  council  ibid.  Of  sheriffs 
and  constables  during  the  com- 
monwealth 467.  Oath  of  se- 
crecy enjoined  by  the  house  of 
burgesses,  during  a  contest 
with  the  governor  and  council 
as  to  their  constitutional  pow- 
er to  dissolve  the  assembly 
500.  Oath  of  governor  pre- 
cribed  by  the  house  of  burgesses 
504. 

OBEDIENCE 

To  superiors  enjoined  121,  174, 
198. 

OCQUIIANOCKE, 

Parish  of,  established  374. 
OLD  PLANTERS, 

Privileges  of  124,  172,  197,  263, 
460. 

OLD  STYLE 393,  note.  When 
discontinued  in  England,  and 
the  colonies  393,  note.  Vari- 
able and   irregular   manner  of' 


writing  the   dates  of  the  year 
494. 

ORCHARDS, 
Act  concerning  226. 
ORDERS. 
See  Resolutions,  Rules. 
ORDINARIES, 

Rates  of  diet  and  beer  at  229. 
Keeper  of,  how  licensed  287, 
411,471.  Rates  of  487,  300>. 
446.  Debts  for  liquors  not  re- 
coverable 287.  Penalty  for 
fraudulently, mixing  liquors 300. 
For  exceeding  the  legal  rates 
300.  xMay  be  licensed  by  coun- 
ty courts  411,  471.  Rates  to  be 
fixed  annually  by  the  assembly 
446.  How  rated  during  the  ses- 
sion of  1657-8,  pa.  489.  Rates 
to  be  fixed  by  county  courts, 
from  time  to  time,  as  the  price 
of  tobacco  may  rise  or  fall  522. 
License  to  be  taken  out,  &  bond 
and  security  given  522. 
ORDNANCE, 

Compensation  for  carriages  for 
171.     Carriages  to  be  removed 
to  a  dry  place  175. 
ORPHANS, 

Their  estates  protected  from  sale, 
forfeiture,  &c.  260,  443,  519. 
Duty  of  their  guardians  260-1, 
443.  Penalty  for  dealing  with 
269.  Excepted  in  the  act  of  li- 
mitations 331.  To  be  bound  to 
trades,  if  the  interest  of  estate 
be  insufficient  for  their  educati- 
on 416.  To  receive  from  their 
guardians  their  estates  in  kind 

416.  To  have  the  produce  of 
their  labor,  after  17  years  of  age 

417.  Leases  of  their  lands,  how 
to  be  made  443.  Sheriffs  to 
summon  persons  to  render  ac- 
counts of  their  estates,  &,  clerks 
to  enter  them  ex  officio  550. 


p. 


INDEX. 


P. 


585 


OUTCRY.— See  Auction. 
OVERSEERS  OF   DECE- 
DENTS' ESTATES. 

See  Executors,  Guardian?. 
OVERSEERS  OF  SERVANTS 
AND  SLAVES. 

See  Servants.  Penalty  on  a  ser- 
vant for  resisting  his  overseer 
.038. 

OWNERS.— See  Virginian 

Owner-. 

PALISADES 

To  be  around  every  dwelling 
house  127. 

PAMPHLETS, 

Penalty  for  disposing  of  or  pub- 
lishing those  containing  the  ten- 
ets ot  the  quakers  533. 
PARDON 

Granted  for  homicide,  per  mis- 
adventure 406 

PARENTS' 

Consent  to  marriage,  when  ne- 
cessary 156, 181. 

PARISHES. 

Kiskiacke  established  228. — 
Lawne's  creek  229.  Bounda- 
ries altered  2;  7.  Wallingford 
249.  Boundaries  of,  altered 
278.  North'n.  county  divided 
into  249.  Lynhaven,  bounda- 
ries of  250.  Upper  Norfolk 
divided  into  250-1  Names  of 
certain  parishes  changed,  & 
new  ones  formed  251.  Chip- 
poaks  278.  Waters's  creek 
278.  Isle  of  Wight  county  di- 
vided into  ibid.  Harrop  317. 
Certain  inhabitants  of  James 
City  may  form  one  298.  South- 
wark,  established  347.  Oc- 
quhanocke,  established  374. — 
Westover,  enlarged  375.  Mars- 
ton  388.  Stratton  Major  101. 
All  counties  to  be   laid   out  in 

^  400,  478.  Parish  levy  for  buil- 


ding churches  &  purchasing 
glebes  ibid.  To  pay  the  ex- 
penses of  their  own  burgesses 
4  21.  Bristol,  may  hold  courts. 
with  allowance  of  appeal  to 
Charles Citty  ami  Henrico  42  1. 
Provision  for  uniting  Nutmeg 
Quarter  to  Denbigh  425.  May 
be  laid  off  by  county  courts  469. 
Middletown,  established  198-'J„ 
PARISH  REGISTER 
To  be  kept  by  minister  and 
church  wardens  155,  15  8,  180, 
182-3,  4.33.  When  and  how 
certified  241.  To  be  kept  in 
each  parish  of  marriages,  births 
and  burials,  by  an  officer  ap- 
pointed for  that  purpose,  who 
is  to  certify  annually  to  the 
clerk  of  the  county  court,  there 
to  be  recorded  542. 

PARLIAMENT, 

Surrender  of  the  colony  of  Vii- 
ginia  to  the  authority  of  367. 
472. 
PARLIAMEXARY  PRO- 
CEEDINGS, 

In  the   house  of  burgesses  dur- 
ing the  commonwealth  495,  497, 
505,  516. 
PAROCHIAL  BURGESSES. 

Their  wages  paid  by  the  parish 
421.  Vestry  may  order  pay- 
ment of  520.  Collectors  may 
distrain  for  521.  Sheriffs  can- 
not refuse  to  hold  elections  for 
545. 

PASS, 

How  obtained,  for  debtor  remov- 
ing 200,  243.  Penally  for  trans- 
porting a  person  without  436-7. 
Prc-rcquisites  of,  437. 
PASSENGERS, 

List  of,  to  be  delivered  to  com 
mander  at    Point  Comfort   or 


4B 


586 


P. 


INDEX. 


P. 


arrival  of  ship  166,  191,  247, 
392.  To  take  the  oaths  of  al- 
legiance and  supremacy  166, 
191,  214.  To  have  a  suffici- 
ency of  stores  from  England 
here  435. 

PATENTS, 
For  importation    rights    of  ser- 
vants, how  obtained  274,  444, 
Exception  as  to  Rappahannock 
274.       Form    of,     during    the 
commonwealth    472.     Owners 
of  elder,    compelled    to    shew 
their    bounds  to   those  wishing 
to  survey  adjoining  519.     How 
formerly  granted  under  the  Lon- 
don company  552. 
PAY 
Of  officers    and    men    at    Point 
Comfort  222. 

PETIT  TREASON, 
Judgment  for  146. 

PETITION 
To  the  Assembly  by  W.  Parry, 
for  relief,  rejected  512. 
PHYSICIANS  AND  SURGE- 
ONS 
Compellable  to  declare  on  oath 
the  valui  of  the  If  drugs  and  rr.e- 
dicines  316   450.     Courts  may 
allow  what  is   reasonable   ibid. 
Penalty    on,  and  on    surgeons 
for  neglecting  their  patients  or 
refusing    their   assistance  ibid. 
Jurisdiction    given    to    county 
courts  317.     Jurisdiction  to  all 
courts  450. 

PIPE-STAVES.— See  staple 

commodities. 

P  T  JH. — See  staple  commodi 

ties. 
PLANTATIONS.— See  Repre- 
sentation. 
PLANTERS, 
Privileges  of  old  124,  172,  197, 
263,  460. 


PLAT, 

Not  to  be  delivered  by  surveyoi 
till  six  months  after  it  is  drawn 
from  the  survey  518. 
PLEADINGS, 

Want  of  form  no  bar  in  486-7. 
PLEAS 

To  be  in  money,  and  not  tobac- 
co 216. 

POINT  COMFORT, 

Fort  to  be  built  at  150.  Regu- 
lations to  be  observed  by  ves- 
sels arriving  there  166.  Fort, 
when  finished  to  be  viewed  175. 
Guard  at  ibid.  Powder  and 
shot  payable  at  176,  218,  247. 
Waiters  to  be  put  on  board  ves- 
sels arriving  at  215.  Tax  on 
new-comers  for  222.  Pay  of 
officers  and  men  at  ibid.  New 
fort  to  be  built  at  226.  Duties 
payable  at,  in  match  and  paper 
royal  229,  247.  Also  in  pow- 
der and  shot  247.  Duties  of 
powder  and  shot  payable  at,  a- 
bolished,  and  additional  duties 
payable  to  the  government  301, 
312.  Salary  of  Captain  Mor- 
rison, commander  of  320. 
POLL-TAX.— See  Taxes. 

Abolished,  and  tax  on  property 
substituted    305-6.        Tax    on 
property  abolished,   and  poll- 
taxes  revived  356. 
POOR 

Exempted  from  public  charges, 
except  parish  duties  242.  Pro- 
vision for  educating  poor  chil- 
dren 336-7. 

POPERY, 

Statute  of  England  against,  en- 
forced 268-9.  Priests  to  be 
banished  269. 

POPISH  RECUSANTS, 

Statute  of  England  against,  en- 
forced 268-9. 


p. 


INDEX. 


P. 


587 


PORT-DUTIES, 

Payable  in  powder  and  shot  176, 
191,  218,  247.  Repealed,  and 
additional  paid  to  the  govern- 
ment 301,  312.  How  payable 
and  appropriated,  during  va- 
cancy of  a  governor  533-4. — 
Where  to  be  paid  534.  Col- 
lectors of,  to  be  appointed  534. 
Port-charges  payable  to  Sir  W. 
Berkeley  543.  Provision  as 
to  those  accruing  after  the  death 
of  Matthewes  ibid. 
PORTS. 

James  City  sole  port  of  entry 
126,  163,  191.  206,  214,  245-6. 
Ports  and  places  of  market  in 
each  county  established  412, 
414.  The  last  act  repealed 
397. 

POTASHES.— See  staple  com- 
modities. 

POTT. 

Doct'r.  John  Pott,  late  govern- 
or, found  guilty  of  stealing  cat- 
tle 145. 

POUNTIS, 

John,  sent  to  England  128. 
POWDER  &  SHOT 

To  be  provided  for  each  planta- 
tion 127.  Not  to  be  wasted 
ibid,  and  173,  198.  Duty  in 
powder  and  shot,  payabie  at 
Point  Comfort  176,  191,  218, 
247.  Repealed  312.  Not  to 
be  sold  to  Indians  219.  Or 
lent  to  Indians  255.  A  barrel 
of  powder  allotted  to  each  coun- 
ty 277.  To  be  purchased  297. 
Additional  duty  in  301.  Made 
perpetual  312.  Commission- 
ers to  render  an  account  to  as- 
sembly, for  the  levy  for  387. 
Proportion  of,  to  each  regi- 
ment 425.     Penalty  for  barter- 


ing or  selling  to  Indians  441. 
For  lending  ibid.  Free  trade 
allowed  with  Indians  for  525. 
Every  man  to  be  provided  with 
a  gun  and  a  certain  proportion 
of  525. 

POWER 

Of  government  assumed  by  the 
assembly,  there  being  no  abso- 
lute, general  confessed  power  in 
England  530,  531. 
PRAYERS, 

Minister   refusing  to   read,    not 
entitled  to  his  salary  341-2. 
PREACHING 

To  be  in  the  church  158,  183. 
In  the  forenoon  and  catechising 
in  the  afternoon  290.  Penalty 
on  masters  of  families  for  not 
sending  their  children  and  ser- 
vants 311. 

PREGNANCY 

Pleaded  209.  Oath  administer- 
ed by  a  midwife  to  a  pregnant 
woman  and  the  child  born  in 
marriage  adjudged  another 
man's  552. 

PREMIUMS 

For  making  wheat,  silk,  flax, 
hops,  wine  and  other  staple 
commodities,  except  tobacco 
469,  470.  For  silk  increased 
487,  521. 

PRESENTMENTS.— See 

Church-Wardens,    Grand  Jury. 

What  presentments  to  be  made 
by  church-wardens  240.  Mi- 
nisters, how  presented  and  in- 
ducted 241-2. 

PRESS. — See  Impressment. 
PRIESTS. 
Popish   Priests,  to  be  banished 
within    five  davs  after  their  ar- 
rival 269. 


588 


P. 


INDEX. 


P. 


PRISON   BOUNDS, 

How  assigned  341.  Prisoner 
breaking  them  to  be  kept  in 
close  custody  341. 

PRISON   BREAKING, 

Felony,  and  county  and  sheriffs 
exonerated  340-1. 

PRISONERS, 

How  kept  for  trial  264-5.  Charges 
of,  how  paid  265,  2S5,  310, 
449.  460.  Poor,  how  relieved 
294,  346,  452.  Not  to  be  tri- 
ed in  county,  but  before  quarter 
court  or  assembly  only  307-8. 
How  kept  398,  444.  If  con- 
victed, his  estate  to  remain  with 
his  wife  and  children,  till  fur- 
ther order  398. 

PRISONS, 

Sufficient,  to  be  built  265,  444. 
What  deemed  sufficient  340, 
452.  County  courts  liable  for 
neglect  265,  460.  Persons 
breaking,  deemed  felons,  and 
county  courts,  and  sheriffs  ex- 
onerated 340-1. 

PROCESS 

Against  debtors  lately  arrived 
from  England,  suspended  256. 
exception  257.  From  quarter 
courts  by  whom  signed  272. 
How  to  issue  during  the  com- 
monwealth 434,  530. 

PROCLAMATIONS, 

At  one  period,  supplied  the  place 
of  legislative  acts  120.  Against 
swearing  and  drunkenness  con- 
firmed 126.  Proclamation  to 
be  read  on  board  each  ship,  on 
their  arrival,  restricting  them 
to  the  port  of  James  City  ibid. 
Concerning  rates  of  commodi- 
ties ib.  Effect  of  129.  Form  of 
to  be  affixed  at  main-mast  of 
each  ship  166,   191,  214,  215. 


Not   to  contravene  a  law  264, 
447.  Prohibiting  migration  321. 
PROTECTION, 

Writ  of,  granted  to  the  king  of 
Weanoak,  from  arrests  for  debt 
547. 

PROTECTOR, 

Oliver  Cromwell  declared  358, 
note.  Succession  of  Richard 
509,511.  Measures  contemp- 
lated by  Oliver  Cromwell  for 
settling  the  government  of  Vir- 
ginia, frustrated  by  his  death 
509,  527,  note.  The  influence 
of  the  protectorship  never  felt 
in  Virginia  527. 
PROVISIONAL  GOVERN- 
MENT 

Adopted  in  Virginia,  on  the  sur- 
render of  the  colony  to  the  par- 
liament of  England  37 1 .  Rich- 
ard Bennett,  elected  governor 
ibid.  Secretary  of  state  elect- 
ed ibid.  Members  of  the  coun- 
cil 371-2.  Powers  of  govern- 
or and  council  372.  Commis- 
sioners of  counties,  how  ap- 
pointed ibid.  All  other  offi- 
cers ibid.  Governor  and  coun- 
cil to  be  members  of  assembly 
373.  Provisional  government 
recited  and  recognized  428, 
431.  Government,  after  the 
death  of  Oliver  Cromwell  511, 
5 1 4,  526,  529.  Supreme  pow- 
er declared  to  be  in  the  assem- 
bly, till  a  commission  shall 
come  out  of  England  530.  All 
laws  contravening,  repealed 
531.  Penalty  for  speaking  in 
derogation  of  ibid, 

PUBLIC  CREDITORS, 

How  paid  143. 

PUBLIC  GRANARY, 

Established  in  each  parish  125. 


H 


INDEX. 


R. 


58!4 


PUBLIC    LETTERS, 

How  conveyed  436. 

QUAKERS, 

Penalty  on  masters  of  vessels  for 
bringing  them  in  532-3.  All 
Quakers  to  be  apprehended  & 
committed  to  prison,  till  they 
give  security  to  leave  the  colo- 
ny 533.  Penalty  lor  returning, 
ibid.  Fur  returning  a  third  time 
to  be  proceeded  against  as  fe- 
lons ibid.  Penalty  f<>r  enter- 
taining or  permitting  assem- 
blies of  Quakers,  ibid.  All  of- 
ficers bound  to  enforce  this  act, 
ibid.  Penalty  fur  disposing  of, 
or  publishing  books  or  pam- 
phlets containing  their  tenets, 
ibid. 

QUARTER  COURTS, 

How  constituted  145,  note. — 
Terms  of  174,  187,  270,  401. 
Where  held  174,  187,  401.— 
Fees  of  clerk  of  200.  Rules  of 
proceeding  in  270-1,  401.  Ju- 
risdiction of  345-0,  477.  Com- 
pensation fur  the  use  of  a  house 
in  which  the  quarter  courts  held 
425.  June  term  abolished  524. 
Terms  of  March,  September  and 
November  altered  524. 
QUEEN'S  CREEK, 

Encouragement  for  settling  be- 
tween Archer's  Hope  &  Q'ns. 
Creek  199. 

QUIETUS, 

How  obtained  by  administrators 
303.      When  401. 

QUIT  RENTS, 

When  and  what  payable  228. — 
When  to  commence  280.  How 
appropriated  300-7.  Kates  of 
tobacco,  received  for  310.  May 
be  distrained  for,  and  replevied 
361. 


RAPPAHANNOCK. 

Excepted  as  to  importation  rights 
of  servants  274.  Settlement 
postponed,  ibid.  Count}- form- 
ed from  upper  part  of  Lancas- 
ter, 427. 

RATES. 

See  Corn,  Ordinaries,  Tobacco. 

Of    commodities,    proclamation 
for  120.  Of  tavern  keepers  221* 
2S7,  300.  440.  522. 
RECEIPTS, 

To  be  given  by  clerks  for  all  pa- 
pers received  by  them  408. 
RECORDS, 

Ancient,    relating    to     Virginia, 
some  account  of  70.  To  be  kept 
by  clerks  of  county  courts  303-4 . 
RECUSANTS. 

See  Popish  Recusants. 
REGISTER. 

See  Parish  Register. 
REGISTERING  OF  DEEDS. 

Deeds  and  mortgages  to  be  re- 
gistered   in   court,    or   deemed 
fraudulent  227,  248-9.    Exccp 
tion  249.    Extended  to  convex 
ances  of  goods  &c  chattels  418. 
REMONSTRANCE. 

Of  the  grand  assembly  236,  238. 
REMOVAL. 

No  person    to  remove  to  IVcw 
England,  or  elsewhere  without 
a  pass  from  the  governor  200 
437,  4G5. 

REPRESENTATION. 

First  by  boroughs  121,  note:  .Se- 
cond/*/ by  plantations  or  settle 
ments  138,  147,  153,  17S,  30 
Thirdly  by  counties  224,  339 
282.  288,  298,322,339,  and  all 
subsequent  sessions.     Election 
of   burgesses,  how  to  be  411. 
412,  475.  Right  of  suffragt 
bridged  412.     Again  extent 
to  all  free  men  403.  475. 


590 


R. 


INDEX. 


S. 


REPRESENTATIVES. 
See  Burgesses. 

RESTORATION, 
Of  Charles  II.  when  528-9,  note. 

REVENUE. 
See  appropriation.    Taxes. 
REVISAL, 

First  Revisal  of  the  laws  178, 
202.  Second  Revisal  238,  282. 
Third  Revisal  429,  494.  Com- 
mittee appointed  for  421.  Cotia- 
pesation  to  clerk  of  revisors  425. 
Revised  laws  to  be  digested  into 
one  volume  427.  Committee  to 
compare  them,  ibid.  How,  and 
by  whom  copied  from  the  origi- 
nals, ibid.  Motives  for  revisal 
of  1657-8,  p.  432.  Of  March 
1657-8,  how  adopted  495. 
ROADS, 

How  laid  out  199,436. 
ROANOAKE, 

Or  Moratuck,  settled  380-1.     A 
species  of  coin  397. 
ROBERTSON, 

His  misrepresentations,  as  to  the 
election  of  Sir  Wm.  Berkeley, 
governor,  and  the  other  public 
transactions  in  Virginia,  during 
the  commonwealth  of  England 
513,  note.  526-7,  &tc.  note. — 
Quotation  from  replete  with  er- 
ror 526-7,  note. 

RULES, 

Of  proceeding,  in  the  house  of 
burgesses  507-8. 

RUNAWAYS, 

Penalty  for  hiring  runaway  ser- 
vants 253,  440.  How  punished 
254-5,  440.  To  be  branded  on 
the  cheek  with  the  letter  R, 
254-5.  On  the  shoulder  440. 
For  ill  usage,  how  redressed 
255,440.  Felony  to  carry  arms 
or  ammunition  to  the  Indians 


255.  Penalty  for  second  oflence 
401.  For  harboring  401,  440. 
Hue  and  cry  against  4S3.  The 
hair  of  runaway  servants  to  be 
cut  close  above  the  ears  517-8. 
How  the  Dutch  paid  for  appre- 
hending &  bringing  in  runaway 
servants  539. 

SABBATH, 

Not  to  be  profaned  144,  434. — 

Profanation  of,   how  presented 

240,  434.    How  kept  261,  434. 

No  arrest  on  457. 

SACRAMENT, 
To  be  administered  three  times 
a  year  158,  183    In  the  church 
ibid.    According  to  the  book  of 
common  prayer  241. 
SALARIES. 
(See  the  respective  officers.) 
Of  the  governor  &t  council,  while 
attending  quarter  courts  Sz,  as- 
semblies 423.    Of  the  governor 
ibid.    His  perquisites,  ibid.    Of 
the  speaker  of  the  house  of  bur- 
gesses 424.    Of  the  clerk,  ibid. 
Of  the  members  of  council,  to 
be  paid   for  actual  attendance 
only  523. 

SALTPETRE, 
Experiments  in  151. 

SAVAGES. 
See  Indians. 

SCIRE  FACIAS, 
Must  be  sued  out  after  a  judg- 
ment has  been  a  year  and  a  day 
without  execution  484. 
SEARCHERS, 
Of  vessels,  appointed  207. 

SEA  STORES, 
Sufficient,  from  England  here,  to 
be  provided  by  masters  of  ves- 
sels 435. 

SECONDS, 
Of  tobacco,  not  to  be  tended,  an- 


INDEX. 


591 


der  a  penalty  399,  478.  Penal- 
ty 478. 

SECRETARY, 

His  fees  176,  201,  220,  265,  463. 
His  office- hours  223.  His  du- 
ties daring' vacancy  of  governor 
223.  Fees  of  his  clerk  of  quar- 
ter court  266.  Fir?t  secretary 
of  state,  under  provisional  go- 
vernment 371.  To  issue  sum- 
monses for  assemblies  ex  officio 
551- 
SECRETARY  OF  STATE, 

Directed  to  deliver  the  public  re- 
cords to  the  speaker  of  the  house 
of  burgesses,  during  a  contest 
between  the  governor  &i  coun- 
cil, and  house  of  burgesses,  as 
to  the  constitutional  power  of 
dissolving  the  assembly  503. — 
Wm.  Claiborne  appointed  523, 
547.  How  appointed  on  the 
election  of  Sir  Win.  Berkeley 
as  governor  531. 
SECURITY  FOR  COSTS, 

To  be  given  by  non-resid't  plain- 
tiffs 522. 

SEDITION, 

in  Northampton  and  Accomack 
380.  Certain  commissioners  to 
attend  governor  and  council,  to 
quiet  disturbances  of  the  people 
384. 

SERJEANTS, 

When  appointed  224. 
SERMON, 

Minister  to  preach  one,  every 
Sunday  157. 

SERVANTS, 

Penalty  on,  for  secret  marriages 
252-3,  438.  For  hiring  run- 
aways 253-4, 439.  Punishment 
of  runaways  253-4,  401,  440. 
Redress,  for  ill  usage  255,  440. 


Felony  for  runaway  servants  to 
carry  arms  or  ammunition  to 
the  Indians  255.  Brought  in 
without  indentures,  how  long  to 
serve  257,  441.  How  patents, 
for  importation  rights  of,  to  is- 
sue 274,  444.  Penalty  for  deal- 
ing with  other  men's  274-5,445. 
Indian  children,  upon  what  con- 
ditions taken  410.  Irish  serv- 
ants, how  long  to  serve  411. — 
Repealed  53S.  For  harbouring 
runaway 401.  Tohavesufficient 
accommodations  from  England 
here  435.  Fornication  by  ser- 
vants 438.  Having  bastards, 
how  punishable  438-9.  Hue  So 
cry  against  runaway  483  Run- 
aways, to  have  their  hair  cut 
close  above  the  ears  517-8.  Pe- 
nalty for  resisting  their  master, 
mistress  or  overseer  538.  How 
Dutch  paid,  for  apprehending 
and  bringing  in  runaway  539. 
SERVITUDE, 

For  offences,  abolished  259, 459. 
SETTLEMENTS, 

On  others'  lands,  how  compen- 
sation to  be  made  for  improve- 
ments 260, 443.  Exception  349, 
444.  Inhabitants  permitted  to 
disperse  &.  form  distinct  285-6. 
On  the  north  side  of  York  river, 
when  allowed  328-9.  Further 
time  allowed  for  349.  On  the 
north  side  of  Charles  and  Rap- 
pahannock rivers,  authorised 
353.  On  Moratuck  or  Roan- 
oake,  h  Choan  rivers  380. 
SETT- OFF, 

How  allowed  in  court  296,  449. 
Act  for,  made  perpetual  314. 
Debts  sett-off  must  be  of  like 
nature  and  value  449 


i92 


S. 


INDEX. 


S. 


SEXTON, 
How  paid  226.    Hon-  appointed 

241. 

SHEEP, 

Exportatiorrof,    prohibited  463. 
SHERIFFS, 

When  first  appointed  223.  Their 
power,  the  same  as  in  En- 
gland 224.  No  writ  to  be  di- 
rected  to  more  than  one  she- 
riff 257-8.  To  continue  in  of- 
fice, one  year,  only  259,  442. 
When  to  settle  their  accounts 
with  the  public  259,  442.  To 
give  good  security  259,  284, 
442,  445.  How  to  keep  prison- 
ers for  trial  264-5.  Their  fees 
266,465.  Fined  for  non-appear- 
ance of  defendant  27].  That 
act  repealed  272.  Certain  she- 
riffs fined  for  not  producing  their 
accounts  to  the  assembly  2S4. 
Their  fees  regulated  295.  Sum- 
mary redress  against,  for  cer- 
tain taxes 297.  Whatfeesbound 
to  collect  302,  313.  Sheriff  to 
take  bail,  on  arrests,  or  be  liable 
to  the  judgment  of  the  court 
305,  443.  How  he  may  dis- 
charge himself,  if  defend't  fails 
to  appear448.  May  have  an  at- 
tachment448.  When  to  distrain 
for  taxes  320.  To  give  a  prefer- 
ence to  public  &;  couniy  levies, 
in  their  collections  330,  450. — 
Not  to  plead  as  attorney  in  the 
court  to  which  he  belongs  330, 
523.  Penalty  for  disobeying 
any  command  of  the  general 
assembly  333,  452.  Or  not 
making  return  of  any  warrant 
or  precept  452.  When  to  re- 
turn lists  of  taxable  property 
1 ! .    Collectors  to  receive  pub- 


lic levies,  instead  of  342-3. — 
To  be  recommended  by  county 
courts,  and  approved  by  the  go- 
vernor &  council  392, 471.  To 
collect  and  distrain  for  clerks' 
fees  465.  Their  commission  for 
collecting,  ibid.  Form  of  their 
oath,  during  the  commonwealth 
467.  Limitation  in  recovery  of 
their  fees.  484.  To  take  lists  of 
tithables  as  formerly  521.  Ad- 
ditional penalty  on,  for  not  mak- 
ing due  return  of  burgesses  532. 
Cannot  refuse  to  hold  elections 
for  parochial  burgesses,  on  the 
request  of  the  vestry  545.  To 
summon  persons  to  render  ac- 
counts of  orphans'  estates,  ex 
officio  550.  When  to  return 
lists  of  tithables  551. 
SHIPS, 
Not  to  break  bulk  or  make  sales 
till  thev  arrive  at  James  City 
126,  163, 191,  214,245-6.  Ex- 
ception 246.  Duty  of  captain 
of,  on  arrival  at  Point  Comfort 
166,  141,  392.  Proclamation 
to  be  fixed  at  the  main  mast  of 
166,  191,  214.  Copy  of  act  to 
be  fixed  to  245-6.  If  arrive 
empty,  limited  in  their  freight 
back  216-7.  Leopaldus,  for- 
feited 382-3.  Proceeds  of  sale 
of,  appropriated  385.  Bill  of 
sale  of  362,  note.  To  report  to 
governor,  on  their  arrival  392, 
470.  To  douse  sail  on  passing 
the  fort  392,  470.  Masters  of, 
to  provide  sufticient  stores  for 
passengers,  from  England  here 
435.  Certain  captains  of,  refus- 
ing to  pay  the  duty  of  two  shil- 
lings a  hogshead,  on  tobacco, 
ordered  to  be  taken  into  custo- 


s. 


INDEX. 


S. 


593 


dy  512-3.  Masters  of,  to  give 
bond  and  security  not  to  molest 
any  person  trading  under  the 
protection  of  the  laws  of  Virgi- 
nia 535.  Form  of  the  bond  537. 
SHIRES, 
Names  and  number  of  shires  ©r 
counties  first  established  in 
Virerinia  224. 

SHOOTING, 
On  other  men's  land,  seated  and 
bounded,  prohibited  228.  Pe- 
nalty for  294,  437.  But  deer 
or  game  shot  off  another's  land 
may  be  pursued  on  it  248,  437. 
Not  to  be  on  the  Sabbath  261. 
Nor  at  entertainments  401,  480. 
Exception,  ibid. 

SICK, 
To  be  visited  by  the  ministers 
157-8,  182. 

SILK. 
Donation  to  George,  the  Arme- 
nian, for  encouragement  to  slay 
in  the  country  and  make  silk 
425.  Premium  for  making  470, 
487,521. 

SILVER, 
See  Staple  commodities. 

SKINS. 
No  skins  or  hides  to  be  exported 
174,  199.     Furs  excepted  lb9. 
Act  prohibiting  exportation  of 
hides  repealed  314. 

SLAVES.— See  Negroes*. 
Indian  children  not  to  be  treated 
as  396. 

SOUTH  PARISH, 
Formed  in  Upper  Norfolk  coun- 
ty 251. 

SOUTHWARK, 

Parish,  established  347. 

SPEAKER, 
Communication    from   governor 


Bennett,  on  the  choice  of  377. 
Message  from  the  house  of  Bur- 
posses  on  the  same  subject  378. 
The  house  permit  their  speaker 
to  resign,  ibid.  Punishment  of 
Wm.  Hatcher  for  slandering 
col.  Edw.  Hill,  speaker,  ibid. 
Salary  of  424.  Power  and  duty 
of,  during  contest  between  the 
governor  &  council,  and  house 
of  burgesses,  as  to  the  constitu- 
tional  power  of  the  former  to 
dissolve  the  assembly  503-4. 
SPECIFIC  PERFORM- 
ANCE 

Decreed  405. 

SPIRITUOUS  LIQUORS, 

Act  against  buying  repealed  226. 
Debts  for,  not  recoverable  287. 
The  last  act  repealed  295.  Re- 
vived 350.  Prices  of,  in  taverns 
300,  446.  Not  to  be  retailed  by 
merchants  within  James  City 
31 9. 
STAPLE  COMMODITIES, 

Answer  to  the  king's  letter  con- 
cerning, viz.  Tobacco,  pitch, 
tar,  pot-ashes,  pipe-staves,  bar- 
rel-boards, clap-boards,  gold, 
silver,  copper,  fish,  134.  En- 
couragement of  151.  Prouii- 
ums  for,  except  tobacco  469. 
STATE  HOUSE, 

Provision  for  226. 

STEALING, 
See  Cattle — Hog  Stealing. 

STEELYARDS, 
To  be  provided  for  the  ware- 
houses 221.  Penalty  for  using 
false  39 1 ,  470.  To  be  tried  by 
standard  weights  kept  at  the 
courthouses  391.  470. 

STINT. 
See  Tobacco. 


4C 


594 


S. 


INDEX. 


S. 


Price  of  corn  not  to  be  stinted 
125    173. 

'  STORE-KEEPERS, 
See  Tobacco. 

To  be  appointed  at  warehouses 
204.  Their  commission,  and 
how  paid  22  i. 

STRATTON  MAJOR, 
Parish  404. 

STRAYS.— See  Estrays. 
STRONG  WATERS. 
See  Spirituous  Liquors. 

STYLE, 
Old  and  new  393,  note.  When 
the  new  style,  adopted  in  En- 
gland, &  the  colonies  393,  note. 
Variable  and  irregular  man- 
ner of  writing  ihe  date  before 
494. 

SUBPOENA, 
May  be  served  by  the  parties,  or 
any  private  person  295. 
SUFFRAGE, 
Right   of,    by    whom    exercised 
412.     Enlarged  403,  475. 
SUMMARY  PROCEED- 
INGS, 
Against  sheriffs  &  commission- 
ers for  converting  certain  taxes 
to  their  own  use  297. 
SUNDAY.— See  Sabbath. 
SUPERSEDEAS, 
Damages,  on  affirmance  of  judg- 
ment, after  487.      Not  to    be 
granted  except  where  an  appeal 
will  lie  522.  One  awarded  549. 
SUPREMACY. — See    Oaths. 
Oath  of,  to  be   administered  to 
each  passenger,  on   his  arrival 
at  Point  Comfort  166,  191.  Pu- 
nishment for  refusing  to  take  it 
166,  191,  214. 

SURGEONS. 
See  Physicians  and  Surgeons. 


SURPLUS, 

Of  decedent's  estate,    where   no 
kin,  how  disposed  of  401,  447. 
SURRENDER. 

Articles  at  the  surrender  of  the 
country  to  the  parliament  of 
England  363,  367.  Act  of  in- 
demnity at  367,  472.  Right  to 
free  trade  under  articles  of,  as- 
serted by  the  assembly  of  Vir- 
ginia 535. 

SURRY 

County  373. 

SURVEYORS, 

Their  fees  125,  335,  452.  Their 
duties  335,  452.  Penalty  for 
refusing  to  survey,  ibid.  How 
appointed  404.  Incompetent, 
to  be  removed,  ibid.  Of  high- 
ways, to  be  annually  appointed 
436.  Not  to  deliver  a  plat,  till 
six  months  after  it  is  drawn  ac- 
cording to  the  survey  519.  To 
mark  the  lands  plainly  518-9. 
SURVEYS, 

To  be  made  of  each  planter's 
land  125,  173,  197.  How  dis- 
putes about  boundaries  decided 
ibid.  All  former  confirmed  262, 
459.  No  plat  to  be  delivered  till 
six  months  after  taken  from  the 
survey  518-9.  Owners  of  elder 
patents  compelled  to  shew  their 
bounds  to  those  wishing  to  sur- 
vey .adjoining  519. 

SWEARING, 

Punishment  for  126,  1G7,  194, 
433.  How  presented  126,  240, 
Forfeitures  for,  how  collected 
126,194. 

SYMMS,  BENJAMIN, 

His  will  giving  lands  for  a  free- 
school,  in  Elizabeth  City,  con- 
firmed 252. 


I. 


INDEX. 


T. 


595 


TAR. — See  staple  commodities. 

TAVERNS.— See  Ordinaries. 
TAXABLE  PROPERTY, 

Lists  of,  how  taken  306.  New 
comissioners  appointed  to  take 
lists  of  309.  Penalty  for  con- 
cealing 329.  For  giving  fal  e 
lists  ibid.  When  lists  of  return- 
able 341.  Taxes  on  property 
abolished  and  poll-taxes  reviv- 
ed 353.  Who  to  be  listed  as 
tithables  361.  Lists  of  titha- 
bles,  when  to  be  taken  361. — 
Penalty  for  concealing  361. 
TAXES, 

Limitation  of  governor's  power 
as  to  124,  171,  196,244.  Im- 
position of  128.  Poll  tax  143. 
To  be  collected  by  the  barges- 
ses  143.  How  paid  ibid.  Tax- 
es for  1632,  pa.  196.  On  new- 
comers, poyable  for  the  fort  222. 
Taxes  for  1639,  pa.  229.  For 
1642-3,  pa.  279.  Councillors 
exempted  from  279.  Laid  for 
the  governor's  accommodation, 
in  consequence  of  the  civil  war 
in  England  380-1-2.  Expenses 
of  transporting,  how  paid  284. 
Heads  of  families  liable  for 
taxes  of  its  members  286.  Ad- 
ditional levy  for  defraying  ex- 
penses of  Sir  Wm.  Berkeley's 
voyage,  and  for  purchase  of 
powder  286.  To  defray  ex- 
penses of  the  war  against  Pa- 
munkey  and  Cbiekahominy  In- 
dians 287.  Poll-tax  abolished 
and  tax  on  properly  substitut- 
ed 305.  List  of,  how  taken 
306.  When  payable  319,  334. 
Sheriffs  may  distrain  for  320. 
None  to  be  raised  hut  by  a 
grand    assembly    320.      New 


commissioners  appointed  to  take 
lists  of  taxable  property  329. 
Penalty  for  concealing  ibid. — 
For  false  lists  ibid.  To  have 
a  preference  over  all  other  debts 
330,  450.  Extraordinary  tax 
to  defray  the  expense  of  an  In- 
dian war  337.  Inhabitants  of 
Chicawane  or  Northumberland 
to  contribute  337.  To  be  re- 
ceived by  collectors  instead  of 
sheriffs  342-3.  Counties  liable 
for,  in  default  of  sheriffs  354. 
On  property,  abolished,  and 
poll-taxes  revived  356.  Who 
to  be  listed  as  tithables  361. 
When  lists  to  be  taken  ibid. 
Penalty  for  concealing  361-2. 
Taxes  "for  1655,  pa.  403. 
TENDER, 

If  made  before  suit  brought, 
pltf.  to  pay  costs  264.  Credi- 
tor must  demand  before  suit 
254.  Oath  of  demand  suffici- 
ent 317. 

TITHABLES.— See     Taxable 
Property,  Taxes. 

List  of,  to  be  returned  by  the 
burgesses  143.  New  mode  of 
taking  lists  of  306,  329.  Tax 
on  revived,  and  tax  on  proper- 
ty abolished  356.  Who  to  be 
listed  as  361.  When  to  be  ta- 
ken ibid.  Penalty  for  conceal- 
ing 361-2.  Commissioners  to 
examine  lists  of,  and  fine  she- 
riffs for  neglect  therein  376. 
Lists  of,  how  corrected,  and 
taken  388.  What  persons  are 
ttthable  454.  When  lists  to  be 
taken  ibid.  How  given  in  ibid. 
Penalty  for  concealing  or  ren 
dering  a  false  list  455.  Act  for 
returning,  by  heads  of  familic 


596 


T. 


INDEX. 


T. 


repealed,    and   sheriffs  to  take 
lists  of,  as  formerly  521.  When 
sheriffs  to  return  lists  of  551. 
TITHES, 

By  whom  payable  to  the  minis- 
ters 144,  241,  361-2.  Of  calves, 
kids  and  pigs  159,  184.  How 
collected  ibid.  Further  conti- 
nued 207.  Act  allowing,  re- 
pealed 220. 

TOBACCO, 

Act    concerning    126.      Answer 
to  king's  letter  concerning  134. 
Newcomers  notrestrained  from 
making  141.     Limitation  as  to 
planting  141-2,  152,  164,  189. 
Bad  tobacco    tendered   in  pay- 
ment to  be  viewed  by  comman- 
der  of  plantation,  with  two  or 
three     discreet   men,   &2    burnt 
152.     Party  delinquent  not  to 
plant   any  more  till  authorised 
by    the  general    assembly  ibid. 
3N(it  to  be   planted   by  French- 
men, who    failed    in   culture  of 
vines  161.     Price    limited  162, 
183.  Penalty  for  violation  ibid. 
Limitation  of  prosecution  163, 
188.     Proceedings  ibid.     How 
many  leaves  to  a  plant  164,  189, 
No    seconds   to  be  tended  ibid. 
When    to   be  taken  down  165. 
Assembly  to  be  called  concern- 
ing ibid*.     How  inspected,  when 
bad  tendered    in  payment  165, 
190.     Bad  tobacco  to  be  burnt 
ibid.     Viewers,    how    appoint- 
ed ibid.    Penalty    for    refusing 
to  act  ibid.     Former  acts  con- 
cerning,   repealed  204,  210. — 
Warehouses     established    204, 
211.        Inspectors,     who     ibid. 
When  to  attend,  ib.     To  burn 
bad  tobacco  ib.     Good  tobacco 


to  be  received  and  entered  204. 
212.     No   tobacco   to    be  paid 
away  till  inspected  and  entered 
ib.     x\ll  payments  to  be  made 
at  the   warehouses  204.     How 
warehouses     built    and    store- 
keepers   appointed   204,    211. 
All  tobacco    to   be  brought  to 
warehouses,     on    oath,    before 
last  day    of  December  204-5, 
211.     Except  what  is  reserved 
for   family   use  205,  212.     At 
what   places  warehouses  estab- 
lished   205,   211.     When,  and 
what  tobacco  may  be  made  up 
in  rolls  205,  212.     Limitation 
as   to   planting  ib.     What  sort 
to  plant  ib.     Craps  to  be  view- 
ed and  counted  206,  212.     For 
excess,  whole   crop    to   be   cut 
downe  206.     Further  penalties 
206,  213.     Goods  to  be  landed 
and  contracts  for  tobacco  made 
at   James   City   206,  213,  214. 
Price  of  tobacco   limited    206. 
210.     Invoices  of  goods   to  be 
delivered  206,  213.     Searchers 
appointed  207,  213.    Contracts 
and    pleadings    to  be  no  longer 
in  tobacco,  but  in  money   only 
216.        Commission      allowed 
store-keepers    at    James     City 
221.      How    paid   ib.      Sealed 
weights    and     measures    to    be 
provided    for  ib.     Plan  for  im- 
proving the    value   of;  half  the 
good  and  all  the  bad  to  be  de- 
stroyed 225.     Creditors  to  re- 
ceive   a   certain    portion  of  ib. 
Contracts    for    freight    of,    re- 
duced   ib.      Relief  of  debtors 
for   ib.     Price   of    tobacco    in 
1639  limited   ib.     Contents    of 
a  ton  of  tobacco  ib.     Freight 


T. 


INDEX. 


T. 


597 


per   tun     limited  ib.     How  to- 
bacco to  be  tendered  ib.    Pria 
of  crop   of  1640    limited   226 
Who    permitted   to   cultivate  it 
228.    No  tobacco  brought  from 
Maryland  and   sold  in  Virginia 
276.  Casks  for,  to  be  purchased 
of  coopers  only  330.     That  act 
repealed,  and  merchant  to  allow 
for   cask   351-2.       Inhabitants 
not   liable   to  export  duties  on 
410.     No  seconds  to  be  tended 
399,  478.     Penalty,  and   how 
appropriated    399.      Size   of  a 
hogshead  of  435,  456.     Penal- 
ty   for  exceeding  the  legal  size 
456.    For  making  casks  of  tim- 
ber  not   seasoned  456.     Duty 
of  ten  shillings  a  hogshead  im- 
posed on  all  foreigners  export- 
ing   tobacco   dining   common- 
wealth   469.     Extended   to   ali 
persons  not  bound  to  an  Eng- 
lish port,  except  Virginian  own- 
ers 536-7.     .Mixed  with  ground 
leaves  no  longer  merchantable 
487.      Ground  leaves  not  to  be 
disposed  of  524.      How  former 
tobacco  debts  to  be  paid  488, 
524.       Proceedings    when    the 
creditor  will  not  accept  488. — 
Public  levies,  clerks'  fees,  &tc. 
to  be  paid  in  good  tobacco  4S8. 
Penalty    for    packing    ground 
leaves  with  good   tobacco  488. 
Such  tobacco  to  be  burnt  488. 
No  tobacco  to  be  planted  after 
the  10th  of  July  488.     Penalty 
ib.  Tobacco  debts  not  demand- 
ed between    10th  of  October  &. 
last  of  January  not  recoverable 
till   next    crop  ;    but    suit    may 
be     brought    for    securing    the 
debt  489.     Duty   of  two  shil- 


lings a  hogshead  on  all  tobacco 
exported  492-3.  That  act  re- 
pealed 523.  Proceedings  in  the 
house  of  burgesses  as  to  the 
time  of  planting  496.  Reasons 
for  laying  a  duty  on  exporta- 
tion of  498.  Certain  captains 
of  vessels,  refusing  to  pay  the 
duty  of  two  shillings  a  hogshead 
on,  ordered  to  be  taken  into 
custody  512,  SI 3. 
TOLL. 

What  toll  millers  may  take  301. 
Penalty    for     exceeding    348, 
485. 
TRADE.— See  Free  Trade. 

Act  for  regulating  trade  &  es- 
tablishing  ports  and  markets  in 
each  county  412,  414.  Repeal- 
ed 397. 

TRADESMEN 

To  follow  their  trades  and  not  to 
plant  tobacco  or  corn  208. 
TRANSPORTATION 

Of  debtors  without  notice,  liable 
for  their  debts  200,  243.  So 
without  a  pass  437.  Penalty 
for  transporting  persons  to  the 
bay  or  elsewhere,  without  no- 
tice 466.  How  cattle  to  be 
transported  466. 

TREASON 

To  doubt  the  right  of  succession 
of  Charles  II,  pa.  360.  To 
propose  a  change  of  govern- 
ment, in  Virginia,  or  to  doubt 
the  power  of  the  existing  go- 
vernment 361. 

TREASURER, 

His  salary  307. 

TREATIES. 

Treaty  with  Necotowance,  king 
of  the  Indians  323,  326,  453. 
Between  the  commissioners  of 
the  parliament  of  England,  and 


598 


V. 


INDEX. 


the    colony    of    Virginia    363, 
367.     Act  of  indemnity  367. 
TRESPASSES.— See  Fences. 
By  cattle,  Sic.  over  fences  244-5, 
332,  458. 

TONNAGE 
Duty,    payable    in    powder  and 
shot  301. 

TREATY 
Between  the   commonwealth    of 
England,    and    th'-    colon v   of 
'  Virginia,  363.  Additional  trea- 
ty 365.     Act  of  indemnity,  in- 
cluding the  treatv  367. 
UNDER  SHERIFF.— See 
Sheriff. 
Not  to  plead  as  attorney  in  the 
court  to  which  he  belongs  523. 
UNIFORMITY— See  Chun  h. 
To  church  of  England  enjoined 
i  123,  155,  180. 

UPPER  NORFOLK. 
Boundaries  of  223.     Finally  de- 
termined   247.       Divided    into 
three     parishes    250-1.      May 
elect  buruesses  in  each  parish 
277.      Name    of.    changed    to 
Nansinittm  321.     Part  of,  add- 
ed to  Isle  of  Wight  423. 
URINE, 
To  be  saved,  in  each  family  for 
experiments  in  saltpetre  151. 
VESSELS.— See  Ships. 
VESTRY, 
How  appointed  240.     By  a  ma- 
jority   of    parishioners  290. — 
May  order  payment  of  wages, 
by  the  parish,  of  parochial  bur- 
gesses 520. 
VIEVVERS.-See  Inspection, 

Tobacco. 
VINES. — See  staple  commodi- 
ties. 
To  be  planted  126.    Frenchmen 
in    culture  of,    not  to 


tailing 


plant  tobacco  161.  Proportion 
ot  to  be  planted  bv  inhabitants 
161,  192.  Act  for  planting, 
repealed  218. 

VIRGINIANS, 
Old    their   privileges  124,    172, 
107.  26:^.  460 

VI  [GINIAN  OWNERS 
Exempted     from    castle    duties 
402,  480      From  export  duty 
on  tob-  31. 

I  ATTON 
Of   minis  and    church-war- 

dens, yearlv  240,  241. 
VOYAGE 
Not  to  be  taken  on  the  Sabbath 
261.     Of  discovery  of  naviga- 
ble  rivers  between  Cape  Hat- 
teras  and  Cape  Fear  422. 
WAGES, 
Of  burgesses,  paid  by  the  coun- 
ties 267, 421 .  Ofparochial  bur- 
gesses by  the  parish  421.    How 
collected  520  1.      Of  members 
of  the  council,  for  actual  atten- 
dance only  523.   Of  chaplain  to 
the  assembly  549. 

WAITERS, 
To  be  put  on   board  all  vessels, 
on  their  arrival  at  Point  Com- 
fort 215.     Their  duty  215-6. 
WALLINGFORD. 
Boundaries  of  Wallingford   pa- 
rish 249.     Altered  278. 
WARDS. 
See  Orphans. 

WAREHOUSES. 
See  tobacco. 

When  &  where  established  204, 
205,  211.  Store-keepers  ap- 
pointed at  205,  211.  Their 
commission  221.  Sealed  wts. 
and  steelyards  to  be  kept  at  ibid. 
WARRANTS. 
No  blank  warrant  to  issue,  or  be 


w. 


INDEX. 


W. 


599 


executed  257,  459.  Origin  of 
.warrants  for  small  debts  272. — 
Warrants,  how  to  issue,  during 
the  commonwealth  434.  Not 
to  be  executed  on  Sabbath  days 
or  at  a  muster  457. 

WARROSQJJOYACKE, 
One  of  the  original  counties  224. 
(Changed  to  Isle   of  Wight  in 
1637.) 

WARS.— See  Indians. 

WARWICK  RIVER, 

One  of  the  original  counties 224. 

Changed  to  Warwick  249. 

WARWICK, 

Warwick  River  county,  changed 

to  249.     Boundaries  of  250. 

WATCH, 

To  be  kept  at  night  127, 1 73. 1 98. 

WATERS'  CREEK,  ' 
Parish  established  278. 

WEIGHTS  &  MEASURES, 
To  be  sealed  by  officers  126.  Pe- 
nalty  for  using  defective  wts. 
171,  195.     To  be  provided  for 
the  warehouses  221.     To  con- 
form to  act  of  parliament  331, 
473.      Millers   to  provide  sta- 
tute 348.     Standard  to  be  kept 
at  the  courthouses  391. 
WEIRS, 
Taking  awny,   how    punishable 
170. 

WEST, 
John,  and  family  exempted  from 
levies,  in  consideration   of  the 
services  of  his  ancestors  547. 
WESTMORELAND, 
County,  boundaries  of  381. 

WESTOVER, 
Parish,  enlarged  375. 

WEST  PARISH, 
Formed  in  Upp.  Norfolk  coun- 
ty 251. 


WEYANOAKE  PARISH. 
Boundaries  of  251. 
WHEAT, 
Premium  for  making  470. 

WICCACOMICO, 
Indians,  desertion  of,  and  sale  of 
their  lands,  in  Northumberland 
515. 

WILLS, 
Where    to    be    proved    302-3. 
Proceedings  upon  303.      Con- 
struction of  a  will,   which    not 
using  words  of  perpetuity,  held 
an    estate    for    life  only   405. 
Administrator,  with  will  annex- 
ed, when  appointed  416,  480. 
WINES, 
Act  against  buying  repealed  226. 
Debts  for,  not  recoverable  287. 
The  last  act  repealed  295.    Re- 
vived 350.  Prices  of  in  taverns 
300,  446.    Penalty  for  fraudu- 
lently mixing,   ibid.     For  ex- 
ceeding legal  rates,  ibid.     Not 
to    be    retailed    by    merchants 
within  James  City  319.     Pre- 
mium for  making  470. 
WITNESSES, 
How  their  depositions  taken  304. 
In  criminal  cases  to  be  paid  by 
the  county  449. 

WOLVES, 
First  reward  for  killing,  permis- 
sion to  kill  a  wild  hog  199. 
Reward  for  killing,  payable  in 
tobacco  328.  County  courts 
may  establish  rewards  for  456. 
Indians  to  be  employed  to  kill 
457. 

WOMPOMPEEKE, 
A  species  of  coin  397. 

WOOL, 
Exportation  of  prohibited  488. 
Again  permitted  525. 


600 


w. 


INDEX. 


W. 


WORKMEN, 
Not  to  forsake  their  work,  unless 
for  non-payment  193.    To  fol- 
low their  trades  only  208. 
WRIT, 
Of  ease,   granted  to  a  commis- 
sioner of  a  county  court  546. 
WRITINGS,  OBLIGATORY, 
Actions  on,    limited  to  3  years, 
unless   renewed,  sued  upon  or 
recorded  390.     Extended  to  5 
years  483. 

WRITS, 
Not  to  be  directed  to  more  than 


one  sheriff,  unless  against  run- 
aways and  felons  257-8.  How 
to  issue  306,  434.  Under  what 
teste  346,  434.  Not  to  be  exe- 
cuted on  a  sabbath  day,  or  at 
musters  457.  To  issue  in  the 
name  of  the  grand  assembly 
530. 

YORK, 
Charles  River  county,  changed 
to  249.  Settlers  on,  their  lands 
confirmed  257. 


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